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Indiana Investments Ltd v Taylor

Series: Estates Gazette ; [2004] 50 EG 86, 88-91(6)Publication details: 2004Subject(s): Summary: Central London CC, 3 September 2004. Claimant nominee purchaser (I) had served a collective notice of enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 on behalf of the residential tenants of two adjoining buildings owned by landlord (T). T contended that enfranchisement was not possible because the aggregation of the non-residential and common parts of the buildings in fact together exceeded 25% of the internal area of the building and T further disputed the proper categorisation of certain areas. "Held": claim allowed. The tenants were entitled to enfranchise as the non-residential proportion was 24.11126%. Common parts and non-residential uses are not aggregated together for the purpose of the 25% proportion under the 1993 Act s4(1)(a). It is only if the non-residential proportion of the aggregate exceeds 25% that the premises cannot be enfranchised and the burden of proof that it is the case falls upon the landlord.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS68654 (Browse shelf(Opens below)) 1 Available 128615-1001

Central London CC, 3 September 2004. Claimant nominee purchaser (I) had served a collective notice of enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 on behalf of the residential tenants of two adjoining buildings owned by landlord (T). T contended that enfranchisement was not possible because the aggregation of the non-residential and common parts of the buildings in fact together exceeded 25% of the internal area of the building and T further disputed the proper categorisation of certain areas. "Held": claim allowed. The tenants were entitled to enfranchise as the non-residential proportion was 24.11126%. Common parts and non-residential uses are not aggregated together for the purpose of the 25% proportion under the 1993 Act s4(1)(a). It is only if the non-residential proportion of the aggregate exceeds 25% that the premises cannot be enfranchised and the burden of proof that it is the case falls upon the landlord.