Ackerman & Anor v Lay & Ors

Ackerman & Anor v Lay & Ors

The lease continued under paragraph 5(1) of Schedule 12 to the 1993 Act is limited to the flat specified in the section 42 notice and does not extend to the whole lease. Therefore, the appellants were not tenants of the whole property at the relevant date and could not claim enfranchisement of the freehold under the 1967 Act.

Parties
Appellant: Ackerman & Anr; Respondent: Lay & Ors
Jurisdiction
England and Wales
Judgment Date
16 December 2008
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Leasehold Enfranchisement, Statutory Interpretation, Lease Extension, Severance of Lease
Property Law Landlord and Tenant Leasehold Enfranchisement Statutory Interpretation Lease Extension Severance of Lease

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Parties

Ackerman & Anr

Appellant

Lay & Ors

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether service of a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993 extends the whole lease or only the lease of the flat specified in the notice for the purposes of enfranchisement under the Leasehold Reform Act 1967.

Ratio Decidendi

The lease continued under paragraph 5(1) of Schedule 12 to the 1993 Act is limited to the flat specified in the section 42 notice and does not extend to the whole lease. Therefore, the appellants were not tenants of the whole property at the relevant date and could not claim enfranchisement of the freehold under the 1967 Act.

Court Disposition

appeal dismissed