header-logo header-logo

11 December 2015 / Andy Creer
Issue: 7680 / Categories: Features , Property
printer mail-detail

A house reasonably so called

nlj_7680_creer

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll