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11 January 2013 / Natasha Rees
Issue: 7543 / Categories: Features , Landlord&tenant , Property , Housing
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House rules

Natasha Rees analyses the courts’ continuing quest to define what a house is

The long-awaited decisions in two appeals—known collectively as “Hosebay”—have finally been handed down by the Supreme Court. The appeals, brought by two central London landed estates—the Day Estate and the Howard De Walden Estate—were challenging an earlier Court of Appeal decision that a property used for commercial purposes could qualify as a “house” for the purposes of the Leasehold Reform Act 1967 (LRA 1967). The Supreme Court, in Day v Hosebay Ltd, Lexgorge Ltd v Howard de Walden Estates Ltd [2012] UKSC 41, unanimously allowed both appeals.

In an earlier judgment on this issue, Lewison LJ said the word “house” was one of the 200 most frequently used words in the English language. It does seem slightly excessive, therefore, that it has been necessary to ask seven justices of the Supreme Court to determine its meaning. The main reason for this is because the house test, when it was originally formulated, was based on the tenant being resident in the

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DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

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Partner appointed to lead family and matrimonial department in Leeds

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NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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