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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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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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