Majorstake Ltd v Curtis

Majorstake Ltd v Curtis

The expression 'any premises in which the [tenant’s] flat is contained' in section 47 of the 1993 Act is broad and includes any part of a building, such as two vertically or horizontally adjacent flats, provided the landlord has a genuine intention to redevelop that part and needs possession of the tenant's flat. The appeal is allowed on the basis that the landlord's construction is correct and the statutory requirements are satisfied.

Parties
Appellant: Majorstake Limited; Respondent: Monty Curtis
Jurisdiction
England and Wales
Judgment Date
08 August 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Statutory Construction, Leasehold Reform, Right to New Lease, Redevelopment Intention, Definition of Premises
Landlord and Tenant Law Property Law Statutory Construction Leasehold Reform Right to New Lease Redevelopment Intention Definition of Premises

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Parties

Majorstake Limited

Appellant

Monty Curtis

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 What is the meaning of 'any premises in which the [tenant’s] flat is contained' under section 47 of the Leasehold Reform, Housing and Urban Development Act 1993?
  2. 2 Does the landlord's intention to redevelop two vertically adjacent flats constitute an intention to redevelop 'premises' containing the tenant's flat for the purposes of defeating the tenant's right to a new lease?

Ratio Decidendi

The expression 'any premises in which the [tenant’s] flat is contained' in section 47 of the 1993 Act is broad and includes any part of a building, such as two vertically or horizontally adjacent flats, provided the landlord has a genuine intention to redevelop that part and needs possession of the tenant's flat. The appeal is allowed on the basis that the landlord's construction is correct and the statutory requirements are satisfied.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.