Cadogan & Anor v Panagopoulos & Anor [2010] EWCA Civ 1259 (11 November 2010)
The caretaker's flat, provided for the benefit of tenants and necessary for the provision of caretaking services, constitutes a 'common facility' and thus a 'common part' under the 1993 Act. Acquisition of the flat is reasonably necessary for proper management, making the grant of a lease after the initial notice void under section 19.
- Citation
- [2010] EWCA Civ 1259
- Parties
- Appellants: The Earl Cadogan & Anr; Respondents: Panagopoulos & Anr
- Jurisdiction
- England and Wales
- Judgment Date
- 11 November 2010
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Collective Enfranchisement, Common Parts, Leasehold Reform Housing and Urban Development Act 1993, Caretaker's Flat, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
The Earl Cadogan & Anr
Appellants
Panagopoulos & Anr
Respondents
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the caretaker's flat constitutes 'common parts' under the Leasehold Reform Housing and Urban Development Act 1993
- 2 Whether the grant of a lease of the caretaker's flat after the initial notice is void under section 19 of the 1993 Act
Ratio Decidendi
The caretaker's flat, provided for the benefit of tenants and necessary for the provision of caretaking services, constitutes a 'common facility' and thus a 'common part' under the 1993 Act. Acquisition of the flat is reasonably necessary for proper management, making the grant of a lease after the initial notice void under section 19.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
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