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 which the upper three were subject to long underleases and
