Podcast Location:
Download it here [file size: 25.9 MB]
Categories:
Real Estate & Property Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

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 aims to provide an overview of the present statutory criteria for entitlement to a lease extension or to to acquire the freehold of their building; explain some of the implications, as demonstrated in recent case law, of the removal of the residence requirement upon the kinds of tenants and kinds of premises that may now be entitled to enfranchise; and to point out some of the practical issues and difficulties such cases have raised.

Outcomes:
After completing the course you will:
  • Have an overview of the present statutory criteria for entitlement to a lease extension or to to acquire the freehold of their building;
  • Understand both the rationale and some of the implications of the removal of the residence requirement upon the kinds of tenants and kinds of premises that may now be entitled to enfranchise under the Acts;
  • Appreciate some of the practical issues and difficulties raised for landlords and tenants by the cases discussed.
Level:
Intermediate Difficulty: 3 of 5
Sources and References:
  • Landlord and Tenant Act 1954;
  • Part II Leasehold Reform Act 1967;
  • Leasehold Reform, Housing and Urban Development Act 1993;
  • Commonhold and Leasehold Reform Act 2002;
  • Housing and Regeneration Act 2008;
  • Boss Holdings v Grosvenor West End Properties [2008] UKHL 4;
  • Mallet & Sons Antiques v Grosvenor 2006] EWCA Civ 594, [2006] 1 WLR 2848;
  • Cadogan v Search Guarantees plc [2004] EWCA Civ 969, [2004] 1 WLR 2768, [2005] 1 All ER 280;
  • Baguettes v GP Estates Co Ltd (1956) 167 EG 249;
  • Graysim Holdings v P&O Property [1995] 3 WLR 854;
  • Hareford Ltd v Barnet County Council [2005] 2 EGLR 72;
  • Howard Walden v Aggio & Cadogan v 26 Cadogan Square [2008] UKHL 44;
  • Tandon v Trustees of Spurgeons Homes [1982] AC 755;
  • Lee-Verhulst (Investments) v Harwood Trust 225 EG 793;
  • Maurice v Holloware Products [2005] EWHC 815, (2005) 26 EG 132;
  • Methodist Secondary Schools Trustees v O’Leary [1993] 1 EGLR 1105;
  • Reihill and others v 26 Eaton Place Management Co LRA/2005/26.

This podcast is about the statutory entitlement of certain tenants to a lease extension or to buy the freehold, under the 1967 and 1993 Leasehold Reform Acts, and its expansion in recent years, particularly due to the removal of the requirement for the tenant to have occupied the premises as his home. Discusses especially in the light of some recent developments in case law, the consequences of this expansion: including the possibilities opened up for head-tenants and investors, and associated problems raised; and even its apparent impact on the definition of a ‘house’.

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