header-logo header-logo

11 December 2015 / Andy Creer
Issue: 7680 / Categories: Features , Property
printer mail-detail

A house reasonably so called

nlj_7680_creer

Andy Creer looks at the decision in Jewelcraft

There must be few provisions which have taxed the senior judiciary quite as much as s 2(1) of the Leasehold Reform Act 1967. The seemingly simple question of “what is a house” for the purposes of the right to enfranchise under the Act, has been considered by the House of Lords/Supreme Court three times since 1982 (Tandon v Trustees of Spurgeon Homes [1982] AC 755, [1982] 1 All ER 1086, Boss Holdings Ltd v Grosvenor West End Properties [2008] UKHL 5, [2008] 2 All ER 759, Day v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd [2012] UKSC 41) and by the Court of Appeal three times in as many years (Henley v Cohen [2013] EWCA Civ 480, [2013] All ER (D) 36 (May); Earl Cadogan v Magnohard Ltd [2012] EWCA Civ 594, [2012] All ER (D) 47 (May)).

Section 2(1) provides: “For the purposes of this Part of this Act, “house” includes any building designed or adapted for living in and reasonably so called, notwithstanding that the building is

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll