The Weekly Law Reports
[2012] 2 WLR 420
Court of Appeal
Lovat
v
Hertsmere Borough Council
[2011] EWCA Civ 1185
2011 Oct 4;
27
Longmore, Rimer LJJ, Warren J
Landlord and tenant— Leasehold enfranchisement— Tenant’s right to acquire reversion— Additional right to enfranchisement in cases where tenancy not at low rent— Tenant holding underlease of property comprising house and grounds situated in park belonging to freeholder in designated rural area— Tenant serving notice of desire to acquire freehold of house and grounds— Freeholder disputing entitlement to enfranchise— Whether “house which tenant occupies under the tenancy” including house and grounds— Whether park “adjoining land … not occupied for residential purposes”— Whether underlease “excluded tenancy”— Whether tenant entitled to acquire freehold—
Leasehold Reform Act 1967 (c 88), s 1AA(1)(3) (as inserted by Housing Act 1996 (c 52), s 106, Sch 9, para 1 and amended by Commonhold and Leasehold Reform Act 2002 (c 15), s 141)