Marine Court (St Leonards on Sea) Freeholders Ltd v Rother District Investments Ltd (Record no. 79716)

MARC details
000 -LEADER
fixed length control field 01972cab a22002055a 4500
001 - CONTROL NUMBER
control field L142053
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 080123e20080119xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u142053
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Marine Court (St Leonards on Sea) Freeholders Ltd v Rother District Investments Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation (0802) 19 January 2008, 148-151(4)
520 ## - SUMMARY, ETC.
Summary, etc. [2008] 02 EG 148. Considers whether common parts of a mixed-use building, to which tenants do not have access, can be considered as non-residential for the purposes of the leasehold enfranchisement; and whether balconies should be included in the internal floor area. The defendant landlord (R) owned the freehold of a unique art deco building comprised mainly of flats, with shops at ground level. R served a counternotice to the claimant (M)'s collective enfranchisement notice, disputing M's right to acquire the freehold. R contended that "common parts" for the purposes of the Act should hold some residential character and could not include parts available only to the commercial occupiers. Owing to an issue which arose, R also contended that balconies should be included in the overall floor area. These preliminary issues were tried. "Held": Common areas do not, for the purposes of the Act, need to be common to both residential and commercial occupants. M did not show that the esception in s4(1) applied. Parliament had not intended the courts to have to classify each different common part of the building. Determined for M. Only the more open balconies were not to be considered within the internal floor area.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MARINE COURT (ST LEONARDS ON SEA) FREEHOLDERS LTD V ROTHER DISTRICT INVESTMENTS LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 INDIANA INVESTMENTS LTD V TAYLOR
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-LANDLORD AND TENANT-LEASES-LEASEHOLD ENFRANCHISEMENT
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 23/01/2008   L142053 142053-1001 06/08/2019 1 06/08/2019 Journal article