000			02489cam a2200277 4500
001			ABS68043
008			040721n2004 000 0 eng u
035			_a(Sirsi) u126877
245			_aSlamon v Planchon
260			_c2004
520			_a[2004] EWCA Civ 799, 25 June 2004. Appeal by long leaseholders (S) against a decision that respondent landlord's (P) premises fell within the resident landlord exception in the Leasehold Reform, Housing and Urban Development Act 1993 as amended by the Commonhold and Leasehold Reform Act 2002. P sought to resist collective enfranchisement by S. P was the sole legal and beneficial owner of the house at the time of S's notice but had had at most only a beneficial interest on trust from the middle of the period before the house's conversion into flats to the notice date. The judge decided to interpret the 1993 Act, which takes property away from the owner, in favour of the landlord, reading ss10(1) and 10(4) of the Act together so that 'where the freehold is held on trust' was taken to mean 'was at any time held on trust'. "Held": appeal allowed. The judge's approach did not fairly reflect what the 1993 Act said. The legislation was to be construed in favour of the landlord only in cases of genuine ambiguity. The same person had to own the freehold from the notice date back to the pre-conversion period. The trust test under s10(4) supplanted the freehold test under s10(1).These two interests could not be mixed to form the required continuity of interest. In this case there was continuity of neither kind. View judgment at www.courtservice.gov.uk.
590			_aABS
590			_aABS
590			_aABS
650			_aLEASEHOLD ENFRANCHISEMENT
650			_aCOLLECTIVE ENFRANCHISEMENT
650			_aCOMMONHOLD AND LEASEHOLD REFORM ACT 2002
650			_aSLAMON V PLANCHON
650			_aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S10(1)
650			_aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S10(4)
690			_aLANDLORD AND TENANT-LEASEHOLD REFORM-CASE LAW
856			_uhttps://www.courtservice.gov.uk/judgmentsfiles/j2619/slamon-v-planchon.htm _zView judgment on the Court Service website...
856			_uhttps://www.courtservice.gov.uk/judgmentsfiles/j2619/slamon-v-planchon.htm _zView judgment on the Court Service website...
856			_uhttps://www.courtservice.gov.uk/judgmentsfiles/j2619/slamon-v-planchon.htm _zView judgment on the Court Service website...
942			_n0
999			_c117737 _d117737