000 01303cab a2200229 4500
001 ABS52549
008 090401t1995 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u84256
041 _aeng
245 _aDuke of Westminster and others v Birrane
260 _c1995
350 _a0
490 _aEstates Gazette
_v(1995) 11 EG 141-144(4)
520 _aCA 10 November 1994. The respondent, B, leased a former mews property, converted and divided from an adjoining house years before, but with an unoccupied basement projecting under the house. B sought to enfranchise, but the landlords, D, contended that that the property was not a `house` under the Leasehold Reform Act 1967 ss1 & 2, as it was not structurally detached and because a material part lay below adjecent premises. At first instance B`s case was upheld and D appealed. Appeal allowed for the purposes of s2(2) as although the property was a `house`, the basement was `a material part` in deciding whether enfranchisement would prejudice future enjoyment of the neighbouring premises.
650 _aDEFINITION
650 _aDUKE OF WESTMINSTER AND OTHERS V BIRRANE
650 _aHOUSE
650 _aLEASEHOLD REFORM ACT 1967 S2
690 _aLANDLORD AND TENANT-CASE LAW-LEASEHOLD REFORM
942 _n0
948 _c04/03/1997
999 _c52942
_d52942