Malekshad v Howard de Walden Estates Ltd
Malekshad v Howard de Walden Estates Ltd
- 2001
- Estates Gazette [2001] 38 EG, 190-198(9) .
CA 23 May 2001. Lessee (A) served a notice on landlord (B) under Leasehold Reform Act 1967 claiming to acquire the freehold. The property consisted of a terraced residential building and a mews cottage. Until the 1970s the two buildings had been linked by a basement. Between 1970 and 1977 this access between the two was physically obstructed. The judge ruled that the buildings could not reasonably be called a single house under Leasehold Reform Act 1967 s2. In addition, due to the existence of a basement under each building, there was a material part that lay below part of the structure not comprised in each house. A appealed. Appeal allowed. Held that the property remained a single house for the purposes of the 1967 Act. Full copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/3F934916BF7D101480256A56005777BB?OpenDocument.
MALEKSHAD V HOWARD DE WALDEN ESTATES LTD
LEASEHOLD ENFRANCHISEMENT
LEASEHOLD REFORM ACT 1967
BASEMENTS
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
CA 23 May 2001. Lessee (A) served a notice on landlord (B) under Leasehold Reform Act 1967 claiming to acquire the freehold. The property consisted of a terraced residential building and a mews cottage. Until the 1970s the two buildings had been linked by a basement. Between 1970 and 1977 this access between the two was physically obstructed. The judge ruled that the buildings could not reasonably be called a single house under Leasehold Reform Act 1967 s2. In addition, due to the existence of a basement under each building, there was a material part that lay below part of the structure not comprised in each house. A appealed. Appeal allowed. Held that the property remained a single house for the purposes of the 1967 Act. Full copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/3F934916BF7D101480256A56005777BB?OpenDocument.
MALEKSHAD V HOWARD DE WALDEN ESTATES LTD
LEASEHOLD ENFRANCHISEMENT
LEASEHOLD REFORM ACT 1967
BASEMENTS
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS