header-logo header-logo

11 September 2008 / Nat Duckworth , Adam Rosenthal
Issue: 7336 / Categories: Features , Property
printer mail-detail

A qualifying tenant?

Adam Rosenthal and Nat Duckworth unravel the implications of Cadogan

In Maurice v Hollow-Ware Products Ltd [2005] EWHC 815 (Ch), [2005] 2 EGLR 71, a block of flats was subject to a head lease, out of which were granted long underleases of each of the 28 flats in the block. David Donaldson QC, sitting as a deputy judge of the Chancery Division, upheld the claim by the head lessee of the block to be entitled to lease extensions of each of the 28 flats, by virtue of the head lease, under Ch 2 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). This decision was followed by two judges of the Central London County Court in Earl Cadogan v 26 Cadogan Square Limited and Howard de Waldon Estates Limited v Aggio and others.

Cadogan concerned a six-storey building, the lower three of which were used as offices and the upper three comprised a single maisonette, subject to an assured shorthold tenancy. Aggio concerned a five-storey building converted into flats, of

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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
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
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll