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Landlord and tenant – Leasehold enfranchisement. The Court of Appeal, Civil Division, allowed the claimant's appeal against the judge's decision that the premises in issue did not constitute a house within s 2(1) of the Leasehold Reform Act 1967, so that the claimant was not entitled to enfranchise. Claims to enfranchise buildings comprising shops with accommodation above should not be dismissed for non-compliance with the reasonably so called condition in s 2(1) either because the building was, as a matter of ordinary speech, best described as a shop or because the accommodation was not linked internally to the remainder of the building. There ought to be no warrant for distinguishing between similar types of building solely on the basis of their external appearance or their internal layout.
Landlord and tenant – Leasehold enfranchisement. The Court of Appeal, Civil Division, allowed the claimant's appeal against the judge's decision that the premises in issue did not constitute a house within s 2(1) of the Leasehold Reform Act 1967, so that the claimant was not entitled to enfranchise. Claims to enfranchise buildings comprising shops with accommodation above should not be dismissed for non-compliance with the reasonably so called condition in s 2(1) either because the building was, as a matter of ordinary speech, best described as a shop or because the accommodation was not linked internally to the remainder of the building. There ought to be no warrant for distinguishing between similar types of building solely on the basis of their external appearance or their internal layout.
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