header-logo header-logo

11 January 2013 / Natasha Rees
Issue: 7543 / Categories: Features , Landlord&tenant , Property , Housing
printer mail-detail

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

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll