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House?

This page has cases concerned with the question of what is a "house"!


"Designed or adapted for living in"

The relevant statutory provision is s2 of the Leasehold Reform Act 1967 which is in the following terms:
    “(1) For purposes of this Part of this Act, “house” includes 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; and—
      (a) where a building is divided horizontally, the flats or other units into which it is so divided are not separate “houses”, though the building as a whole may be; and
      (b) where a building is divided vertically the building as a whole is not a “house” though any of the units into which it is divided may be.”

Boss Holdings Ltd v Grosvenor West End Properties
[2008] UKHL 5

Summary

Section 2 of the Leasehold Reform Act 1967 provides that the term "house" includes any building "designed or adapted for living in" and "reasonably so called". As per Lord Neuberger, s 2 involves a two part test. One looks first to see whether the property was originally designed for living in. One then goes on to consider whether work has subsequently been done to the property so that the original "design" has been changed.

This case

Grosvenor's case was that the property was not as at the date of service of the notice "designed or adapted for living in" as the upper floors were unoccupied and very dilapidated. That argument was accepted by the Court of Appeal, Laws LJ saying that "because of the grave dilapidation apparent from the photographs the upper floors of the [property] were not at [relevant time] designed or adapted for living in". The House of Lords disagreed. The property was originally "designed or adapted for living in" and therefore fell within the definition of a "house".

Citation

Lord Neuberger ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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