What is a House ? – Update

I recently (16.5.12) mentioned the cases of Day v Hosebay and Howard de Walden v Lexgorge  where the Court of Appeal battled over the meaning of “house” in the Leasehold Reform Act 1967.

This is defined by s2(1) as including

any building designed or adapted for living in and reasonably so called, notwithstanding that the building is not structurally detached, or was or is not solely designed or adapted for living in, or is divided horizontally into flats or maisonettes…

It matters because most tenants who have a long lease of a “house” can buy the freehold on advantageous terms.

Well the cases are now in the Supreme Court, with oral hearings 16-18 July and if you are very quick you can watch the SC in action via their website. The result is not likely to be out for some time, given the time of year, but perhaps they will at last decide this issue once and for all.

It would seem that Magnohard v Cadogan (also mentioned in my piece) didn’t take up the suggestion of an expedited appeal. Perhaps they are just waiting with the rest of us.


Author: Coventry Man

A perspective from a litigation lawyer in the Midlands. After many years in Coventry I am now with David Lee Solicitors in Kenilworth, helping people with all sorts of litigation, especially property and landlord & tenant problems.

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