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DAY v HOSEBAY LTD : HOWARD DE WALDEN ESTATES LTD v LEXGORGE LTD

Properties used entirely for commercial purposes were not “house[s] reasonably so called” for the purposes of the Leasehold Reform Act 1967 s.2(1), whatever their original design or current appearance, or the fact that they might look like houses and might be referred to as houses for some purposes.

11 October 2012

SC - Lord Phillips JSC (President) , Lord Walker JSC, Lord Mance JSC, Lord Clarke JSC, Lord Wilson JSC, Lord Sumption JSC, Lord Carnwath JSC

10 October 2012

In conjoined appeals against a decision ([2010] EWCA Civ 748), the court was required to determine the question of what constituted a “house” for the purpose of the Leasehold Reform Act 1967 s.2(1).

The tenant in the first appeal had acquired long leases on three terraced properties that had been fully adapted to provide several individual rooms for letting, and were used as short-term accommodation for tourists and other visitors, described in court as a “self-catering hotel”. The premises were originally constructed and occupied as houses. The tenant in the second appeal had also acquired a long lease on a property that was designed, built and initially used as a town house residence for a singl...

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