000 01925cab a2200229 4500
001 L130061
008 050620n2005 000 0 eng u
035 _a(Sirsi) u130061
041 _aeng
245 _aHareford Ltd v Barnet London Borough Council
260 _c2005
490 _aEstates Gazette
_v[2005] 23 EG 140 (CS)
490 _aEstates Gazette
_v[2005] EG 122-128(4)
520 _aCentral London County Court 17 May 2005, unreported. Considers whether a mixed property constituted a house within the Leasehold Reform Act 1967 s2(1). Claimant non-resident leaseholder (H) served notice on the defendant landlord (B) under the Act to exercise its right to acquire the freehold of a property consisting of retail ground floor and residential upper floor accommodation. The question arose as to whether the property was a house according to s2(1) of the Act. H relied on the definition in "Tandon v Trustees of Spurgeon's Homes" ([1982] 2 EGLR 73). B contended that the property was not a house on the grounds that it was purpose-built, separated accommodation in a commercial setting with a non-resident leaseholder. "Held": claim allowed. Mixed residential and retail premises could by law constitute a house within s2(1) of the Act depending on the character of the premises at the time of the tenant's enfranchisement notice. "Tandon" applied. In this case a reasonable man, having read the definition of house in the Act and the "Tandon" judgment and knowing that the residence requirement for enfranchisement had been removed by the Commonhold and Leasehold Reform Act 2002, would say the property was a house within the 1967 Act.
590 _aIKA210605
650 _aHAREFORD LTD V BARNET LBC
650 _aLEASEHOLD REFORM ACT 1967 S2(1)
650 _aTANDON V TRUSTEES OF SPURGEONS HOMES
650 _aCOMMONHOLD AND LEASEHOLD REFORM ACT 2002
690 _aLandlord and tenant
_96252
942 _n0
999 _c75428
_d75428