header-logo header-logo

Conventional wisdoms

30 October 2014 / Mark Sefton
Issue: 7628 / Categories: Features , Property
printer mail-detail
sefton

Mark Sefton discusses enfranchisement

The English are deeply sentimental about property ownership. That is one reason why the two enfranchisement Acts, the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993 have so often been litigated. And so it continues. There have been two recent decisions, one overturning a conventional wisdom; the other reaffirming one. Both deserve attention.

Mount Eden v Bolsover

One is Mount Eden Land Ltd v Bolsover Investments Ltd (20 June 2014, unreported). The tenant had a long lease of an office block in central London. As with so many office buildings now, it was worth more as flats than as offices. So the tenant proposed to convert. The landlord’s consent was required. It could not be unreasonably withheld. The landlord refused it. It said that, if the offices were turned into flats, and if the flats were sold off on long leases, then there might be a collective enfranchisement. It could therefore lose its freehold if it consented.

Norfolk & Bickel

The conventional wisdom was that the landlord was on strong ground. In 1976, two similar

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: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll