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Grosvenor Estates Ltd v Prospect Estates Ltd [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWCA Civ 1281, 21 November 2008. Appellant Landlord (G) appealled against a decision that the respondent (P) had the right to buy the freehold to a building that was a house "reasonably so called" under the Leasehold Reform Act 1967 S2(1), despite the fact that the lease stipulated that 88.5% of the property had to be used as an office. The building had to be maintained as appearing as a dwelling house and allowing it to appear as an office was prohibited. The judge in the original case had held that Lord Roskill's third proposition in Tandon v Trustees of Spurgeon's Homes applied and that this was a key reason for granting the right to purchase the freehold. Held: appeal allowed. The original judge was ruled to have misapplied Tandon and did not take full account of the circumstances of the prevailing use of the building. While the building had to keep the appearance of a dwelling as it was within a conservation area, it could no longer reasonably be called a house.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 145980-1001

[2008] EWCA Civ 1281, 21 November 2008. Appellant Landlord (G) appealled against a decision that the respondent (P) had the right to buy the freehold to a building that was a house "reasonably so called" under the Leasehold Reform Act 1967 S2(1), despite the fact that the lease stipulated that 88.5% of the property had to be used as an office. The building had to be maintained as appearing as a dwelling house and allowing it to appear as an office was prohibited. The judge in the original case had held that Lord Roskill's third proposition in Tandon v Trustees of Spurgeon's Homes applied and that this was a key reason for granting the right to purchase the freehold. Held: appeal allowed. The original judge was ruled to have misapplied Tandon and did not take full account of the circumstances of the prevailing use of the building. While the building had to keep the appearance of a dwelling as it was within a conservation area, it could no longer reasonably be called a house.