000			02094cam a2200241 4500
001			ABS66268
008			021217n2002 000 0 eng u
035			_a(Sirsi) u120821
245			_aMalekshad v Howard de Walden Estates Ltd
260			_c2002
490			_aWeekly Law Reports _v[2002] 3 WLR 1881-1912(28)
490			_aEstates Gazette _v[2002] 50 EG 114(CS)
520			_a2002] UKHL 49,5 December 2002. Appellant landlord H was freeholder of a site incorporating a house at 76 Harley Street (76) and a mews building at 28 Weymouth Mews (27). Respondent tenant (M) held a lease for the whole site. The two properties were physically linked by a basement which extended the whole length of the site and by access through a door between the two at ground level. M made various claims to enfranchise under the Leasehold Reform Act 1967 which were disputed by H. M put forward two alternative claims to enfranchise (i) whole site (wider claim) and (ii) No 76 (narrower claim) The CA allowed the wider claim on the grounds that the property could reasonably be described as one house. H appeal to the HL. HL overturned the CA's decision on the grounds that the site constituted a building but not a single house and that the guidance in"Tandon v Trustees of Spurgeon Homes" 1982 had been wrongly applied. HL allowed narrower claim to enfranchise No 76 only. Appeal allowed. Case remitted to county court. Full copy of the House of Lords decision available on http://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldjudgmt/jd021205/malek-1.htm.(For CA decision, see Abs64562 and the CC decision see WB3613-20.
590			_aABS
650			_aMALEKSHAD V HOWARD DE WALDEN ESTATES LTD
650			_aLEASEHOLD ENFRANCHISEMENT
650			_aLEASEHOLD REFORM ACT 1967
650			_aBASEMENTS
650			_aHUMAN RIGHTS ACT 1998
690			_aLANDLORD AND TENANT-LEASEHOLD REFORM-CASE LAW
856			_uhttps://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldjudgmt/jd021205/malek-1.htm _zFull copy of decision available on House of Lords website
942			_n0
999			_c71801 _d71801