"When is a house not a house?"
Language: English Series: Hogan Lovells Real Estate Quarterly ; Winter 2010, 5-7 (3)Publication details: 2010Subject(s):- LEASEHOLD REFORM ACT 1967 S2
- LANDLORD AND TENANT ACT 1954
- DAY AND ANOTHER V HOSEBAY LTD
- HOWARD DE WALDEN ESTATES LTD V LEXGORGE LTD
- LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993
- EARL CADOGAN AND ANOTHER V PANAGOPOULOS AND ANOTHER
- PROSPECT ESTATES LTD V GROSVENOR ESTATES LTD
- England and Wales -- 1543-
- PROPERTY-LANDLORD AND TENANT-LEASES-LEASEHOLD ENFRANCHISEMENT
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L151969 (Browse shelf(Opens below)) | 1 | Available | 151969-1001 |
"Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd" (see L150503) confirmed that companies which hold long leases of former houses can in certain circumstances buy the freehold to those buildings even though they have long since been converted to commercial use. CA affirmed that a building qualifies as a "house" within the meaning of the Leasehold Reform Act 1967 s2 if it is "reasonably so called" and the fact that a building can be reasonably called something other than a house does not preclude it also reasonably being called a house. "Earl Cadogan and another v Panagopoulos and another" [2010] EWCA Civ 1259 is a recent setback to landlords resisting enfranchisement claims.