Collins v Howard De Walden Estates Ltd.

Collins v Howard De Walden Estates Ltd.

Numbers 11 and 12 Devonshire Mews South, as altered and used, were not divided vertically in the manner contemplated by section 2(1)(b) of the Leasehold Reform Act 1967 and could reasonably be called a house; thus, Mrs Collins was entitled to the declaration sought.

Parties
Claimant/respondent: Roberta Hilary Collins; Defendant/appellant: Howard de Walden Estates Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2003
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Leasehold Reform, Enfranchisement, Definition of House, Vertical Division of Property
Property Law Leasehold Reform Enfranchisement Definition of House Vertical Division of Property

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Parties

Roberta Hilary Collins

Claimant/respondent

Howard de Walden Estates Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal

Legal Issues

  1. 1 Whether numbers 11 and 12 Devonshire Mews South constitute a 'house' under the Leasehold Reform Act 1967
  2. 2 Whether the property is divided vertically and thus excluded by section 2(1)(b) of the Act

Ratio Decidendi

Numbers 11 and 12 Devonshire Mews South, as altered and used, were not divided vertically in the manner contemplated by section 2(1)(b) of the Leasehold Reform Act 1967 and could reasonably be called a house; thus, Mrs Collins was entitled to the declaration sought.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent’s costs of the appeal to the Court of Appeal agreed at £12,133.04, such costs to be paid on or before 7th May 2003