Podcast Location:
Download it here [file size: 25.7 MB]
Categories:
Residential Property
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at property law practitioners interested in developments in the law of leasehold enfranchisement. It explains the substantive rights conferred on tenants under the Leasehold Reform Act 1967, the House of Lords decision in ‘Boss Holdings’ which clarified a question that often arises in leasehold enfranchisement claims under the Act – ‘when does a house cease to be a house?’ - and identifies the significant rights on certain categories of ‘qualified tenant’ under the Leasehold Reform Housing and Urban Development Act 1993.

Outcomes:
After completing the course you will:
  • Have considered the scope of the LRA 1967 which gives tenants of a leasehold house the right to acquire the freehold and any intermediate leases;
  • Know the purpose of the LRHUDA 1993 which gives the lessees of residential flats the right to acquire the freehold of the building containing the flats - known as ‘collective enfranchisement’;
  • Have considered the way in which Chapter 2 of the LRA 1967 (dealing with the definition of a house) should be read;
  • Understand the Supreme Court’s decision in ‘Hosebay’ which sets out what is key to fulfilling the ‘designed or adapted for living in’ test in order for a property to be classified as a home, rather than just a house.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Legislative Updates
Sources and References:
  • Boss Holdings v Grosvenor West End Properties and Others [2008] UKHL 5;
  • Commonhold and Leasehold Reform Act 2002;
  • Day v Hosebay Ltd; Howard de Walden v Lexgorge [2012] UKSC 41;
  • Leasehold Reform Act 1967;
  • Leasehold Reform Housing and Urban Development Act 1993;
  • Tandon v Trustees of Spurgeon Homes [1982] AC 755;
  • Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666.

In this podcast Jonathan O’Mahony from 9 Stone Buildings explores some recent decisions dealing with the law of leasehold enfranchisement. He sets out the scope and purpose of the Leasehold Reform Act 1967 (LRA 1967) which gives leasehold tenants of houses the right to buy a house and the Leasehold Reform Housing and Urban Development Act 1993(LRHUDA 1993) which gives the lessees of residential flats the right to acquire the freehold of the building containing the flats - known as ‘collective enfranchisement’.

Date Recorded: 29th May 2013

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