Cadogan & Anor v Panagopoulos & Anor

Cadogan & Anor v Panagopoulos & Anor

The caretaker’s flat is a 'common part' as it provides a facility benefiting tenants, and acquisition is reasonably necessary for proper management; thus, the lease granted after the relevant date is void under section 19.

Parties
Appellants: THE EARL CADOGAN & ANR; Respondents: PANAGOPOULOS & ANR
Jurisdiction
England and Wales
Judgment Date
11 November 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Collective Enfranchisement, Leasehold Reform, Common Parts Definition
Property Law Landlord and Tenant Collective Enfranchisement Leasehold Reform Common Parts Definition

Case Brief

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Parties

THE EARL CADOGAN & ANR

Appellants

PANAGOPOULOS & ANR

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the caretaker’s flat constitutes 'common parts' under the Leasehold Reform Housing and Urban Development Act 1993
  2. 2 Whether the grant of a lease of the caretaker’s flat was void under section 19 of the 1993 Act

Ratio Decidendi

The caretaker’s flat is a 'common part' as it provides a facility benefiting tenants, and acquisition is reasonably necessary for proper management; thus, the lease granted after the relevant date is void under section 19.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment of Roth J upheld.