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Dartmouth Court Blackheath Ltd v Berisworth Ltd [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWHC 350 (Ch), 27 February 2008. Considered what parts of a property were included within the tenants' section of a larger premises within the meaning of the Landlord and Tenant Act 1987 Part I. The claimant tenants (D) of a block of flats claimed the right of first refusal over certain parts of the building which the landlord (L) wished to sell. The defendant company (B) had purchased some parts of the property. Further, L wished to sell the airspace around the roof, an area at the rear of the building, the lightwell and the basement rooms. The purpose was to facilitate further development of the block. Being opposed to the development, D sought to invoke their right of first refusal on the areas. "Held": D were able to exercise their rights to first refusal, but only over areas within the building. Not all parts of the property sold to B fell within the meaning of the Act as they were not within or appertaining to the building. However, the four sections D wished to acquire were covered in this way. D was entitled to acquire them, subject to assessment of the amount of airspace. Judgment for the claimant in part.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 143444-2001

[2008] EWHC 350 (Ch), 27 February 2008. Considered what parts of a property were included within the tenants' section of a larger premises within the meaning of the Landlord and Tenant Act 1987 Part I. The claimant tenants (D) of a block of flats claimed the right of first refusal over certain parts of the building which the landlord (L) wished to sell. The defendant company (B) had purchased some parts of the property. Further, L wished to sell the airspace around the roof, an area at the rear of the building, the lightwell and the basement rooms. The purpose was to facilitate further development of the block. Being opposed to the development, D sought to invoke their right of first refusal on the areas. "Held": D were able to exercise their rights to first refusal, but only over areas within the building. Not all parts of the property sold to B fell within the meaning of the Act as they were not within or appertaining to the building. However, the four sections D wished to acquire were covered in this way. D was entitled to acquire them, subject to assessment of the amount of airspace. Judgment for the claimant in part.