000			02062cad a22002055a 4500
001			L138460
008			070608e20070524xxk f w 000 0 eng d
035			_a(Sirsi) u138460
041	0		_aeng
245	0	0	_aHoward de Walden Estates Limited V Les Aggio and Ors (1) Earl Cadogan and Cadogan Estates Limited V 26 Cadogan Square Limited _h[electronic resource]
520			_a[2007] EWCA Civ 499, considers whether head lessees (L) have the right of individual lease extension. The freeholders (H) in two conjoined cases appealed against decisions that L had these rights conferred upon them by the Leasehold Reform, Housing and Urban Development Act 1993. The properties contained common areas both internally and externally. H had served notices disputing L's rights to extend their leases to include these areas, as they were not qualifying tenants. L made no reference to covenants. The Act made no provision for the separation of leases into parts, and H had submitted this showed Parliament did not intend this. H also argued that if a new lease was to be granted then new covenants should be drawn up and the rump clauses of the previous lease could not automatically be inherited. "Held": If Parliament had intended the right of extension to apply to head lessees then it would have expressly included apparatus for tenants to obtain similar rights from the head lessee. The absence of provision to separate the lease into parts also showed this. However, there was no reason to assume the rump clauses extinguished if a new lease was drawn up. Appeal allowed.
590			_aKA
650	2	4	_aHOWARD DE WALDEN ESTATES LTD V AGGIO AND ORS
650	2	4	_aEARL CADOGAN AND CADOGAN ESTATES LTD V 26 CADOGAN SQUARE LTD
650	2	4	_aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL LEASES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/499.html _zView the article free of charge at www.bailii.org
942			_n0
999			_c78873 _d78873