Lovat v Hertsmere Borough Council

Subject Matter

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 the 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, s 1AA(1)(3) (as inserted by Housing Act 1996, s 106, Sch 9, para 1 and amended by Commonhold and Leasehold Reform Act 2002, s 141)

[2012] QB 533; [2012] 2 WLR 420