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11 December 2015 / Andy Creer
Issue: 7680 / Categories: Features , Property
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A house reasonably so called

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Andy Creer looks at the decision in Jewelcraft

There must be few provisions which have taxed the senior judiciary quite as much as s 2(1) of the Leasehold Reform Act 1967. The seemingly simple question of “what is a house” for the purposes of the right to enfranchise under the Act, has been considered by the House of Lords/Supreme Court three times since 1982 (Tandon v Trustees of Spurgeon Homes [1982] AC 755, [1982] 1 All ER 1086, Boss Holdings Ltd v Grosvenor West End Properties [2008] UKHL 5, [2008] 2 All ER 759, Day v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd [2012] UKSC 41) and by the Court of Appeal three times in as many years (Henley v Cohen [2013] EWCA Civ 480, [2013] All ER (D) 36 (May); Earl Cadogan v Magnohard Ltd [2012] EWCA Civ 594, [2012] All ER (D) 47 (May)).

Section 2(1) provides: “For the purposes of this Part of this Act, “house” includes any building designed or adapted for living

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NEWS
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The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
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