Hemphurst Ltd v Durrels House Ltd [2011] UKUT 6 (LC) is, I suspect, going to go on appeal to the Court of Appeal. Certainly, if you practice in the field of leasehold enfranchisement, it’s one you’ll want to know about as it’s pretty important.
In general terms, qualifying tenants of flats have a right to collectively enfranchise the freehold of the building containing their flats (Leasehold Reform, Housing and Urban Development Act 1993). Where there is an intermediate leasehold interest of any flat, the qualifying tenants are obliged to purchase that interest (s.2(1)(a), 1993 Act). Where there is a separate lease of any common parts (or appurtenant property) then, in … Read the full post
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