Smith & Anor v Jafton Properties Ltd

At common law, assignment of part of the leased property results in the assignee being tenant only of the severed part. The 1993 Act mirrors this position, so Smith and Dennis are each qualifying tenants of their respective flats and entitled to collective enfranchisement.

Parties: Appellant: Smith; Appellant: Dennis; Respondent: Jafton Properties Limited
Jurisdiction: England and Wales
Judgment Date: 02 November 2011
Procedural Posture: Civil Appeal / Appeal From Central London Civil Justice Centre, Preliminary Issue
Outcome: Appeal allowed
Legal Topics: Assignment of Lease, Collective Enfranchisement, Qualifying Tenant, Leasehold Reform Housing and Urban Development Act 1993

Land Law Landlord and Tenant Assignment of Lease Collective Enfranchisement Qualifying Tenant Leasehold Reform Housing and Urban Development Act 1993

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Parties

Smith

Appellant

Dennis

Appellant

Jafton Properties Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Central London Civil Justice Centre, Preliminary Issue

Legal Issues

1 Whether assignees of physically severed parts of a lease are qualifying tenants under section 5 of the Leasehold Reform Housing and Urban Development Act 1993
2 Whether assignment of part creates separate qualifying tenancies for the purposes of collective enfranchisement

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Preliminary issue determined in favour of Smith and Dennis
Smith and Dennis are qualifying tenants entitled to exercise the right of collective enfranchisement