Craftrule Ltd.v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch) (27 May 2010)

Craftrule Ltd.v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch) (27 May 2010)

Section 3 of the 1993 Act does not require that a self-contained part of a building be indivisible; a notice for collective enfranchisement may validly be served in respect of premises comprising two or more self-contained parts, provided the statutory definition is satisfied and no exclusions apply.

Citation
[2010] EWHC 1230 (Ch)
Parties
Appellant (defendant): Craftrule Limited; Respondent (claimant): 41-60 Albert Palace Mansions (Freehold) Limited
Jurisdiction
England and Wales
Judgment Date
27 May 2010
Procedural Posture
Appeal / High Court, Chancery Division, Post County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Collective Enfranchisement, Statutory Interpretation, Leasehold Reform
Property Law Landlord and Tenant Collective Enfranchisement Statutory Interpretation Leasehold Reform

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Craftrule Limited

Appellant (defendant)

41-60 Albert Palace Mansions (Freehold) Limited

Respondent (claimant)

Procedural Posture

Appeal / High Court, Chancery Division, Post County Court Judgment

Legal Issues

  1. 1 Whether a self-contained part of a building under section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 can itself comprise two or more such self-contained parts
  2. 2 Whether tenants may serve a notice for collective enfranchisement on premises divisible into smaller self-contained parts

Ratio Decidendi

Section 3 of the 1993 Act does not require that a self-contained part of a building be indivisible; a notice for collective enfranchisement may validly be served in respect of premises comprising two or more self-contained parts, provided the statutory definition is satisfied and no exclusions apply.

Court Disposition

Appeal dismissed

Orders

  • Declaration that participating tenants are entitled to enfranchise the whole of the Property
  • Order under section 25(1) of the 1993 Act entitling claimant to acquire the whole freehold interest in the Property on terms proposed in the initial notice