Malekshad v Howard de Walden Estates Ltd
Series: Weekly Law Reports ; [2002] 3 WLR 1881-1912(28) | Estates Gazette ; [2002] 50 EG 114(CS)Publication details: 2002Subject(s): Online resources: Summary: 2002] UKHL 49,5 December 2002. Appellant landlord H was freeholder of a site incorporating a house at 76 Harley Street (76) and a mews building at 28 Weymouth Mews (27). Respondent tenant (M) held a lease for the whole site. The two properties were physically linked by a basement which extended the whole length of the site and by access through a door between the two at ground level. M made various claims to enfranchise under the Leasehold Reform Act 1967 which were disputed by H. M put forward two alternative claims to enfranchise (i) whole site (wider claim) and (ii) No 76 (narrower claim) The CA allowed the wider claim on the grounds that the property could reasonably be described as one house. H appeal to the HL. HL overturned the CA's decision on the grounds that the site constituted a building but not a single house and that the guidance in"Tandon v Trustees of Spurgeon Homes" 1982 had been wrongly applied. HL allowed narrower claim to enfranchise No 76 only. Appeal allowed. Case remitted to county court. Full copy of the House of Lords decision available on http://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldjudgmt/jd021205/malek-1.htm.(For CA decision, see Abs64562 and the CC decision see WB3613-20.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS66268 (Browse shelf(Opens below)) | 1 | Available | 120821-1001 |
2002] UKHL 49,5 December 2002. Appellant landlord H was freeholder of a site incorporating a house at 76 Harley Street (76) and a mews building at 28 Weymouth Mews (27). Respondent tenant (M) held a lease for the whole site. The two properties were physically linked by a basement which extended the whole length of the site and by access through a door between the two at ground level. M made various claims to enfranchise under the Leasehold Reform Act 1967 which were disputed by H. M put forward two alternative claims to enfranchise (i) whole site (wider claim) and (ii) No 76 (narrower claim) The CA allowed the wider claim on the grounds that the property could reasonably be described as one house. H appeal to the HL. HL overturned the CA's decision on the grounds that the site constituted a building but not a single house and that the guidance in"Tandon v Trustees of Spurgeon Homes" 1982 had been wrongly applied. HL allowed narrower claim to enfranchise No 76 only. Appeal allowed. Case remitted to county court. Full copy of the House of Lords decision available on http://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldjudgmt/jd021205/malek-1.htm.(For CA decision, see Abs64562 and the CC decision see WB3613-20.