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MAJORSTAKE LTD v CURTIS

The phrase “any premises in which the flat is contained” in the Leasehold Reform, Housing and Urban Development Act 1993 s 47(2)(b) meant an objectively recognisable physical space, and in the instant case the whole block of flats was the premises.

12 February 2008

The appellant tenant (C) appealed against a decision ([2006] EWCA Civ 1171, (2007) Ch 300) that the expression “any premises in which the flat is contained” in the Leasehold Reform, Housing and Urban Development Act 1993 s 47(2)(b) could consist of two adjacent flats in a block. C lived in a flat on the seventh floor of a block containing 50 flats on nine floors. The upper floors of the block each contained six flats and the common parts. C gave notice to the respondent landlord (M) claiming to exercise his right to acquire a new lease. M responded by serving a counter-notice stating its intention to apply to the court for an order under s 47(1) of the 1993 Act that C's right to acquire a new lease should not be exercisable on the ground that M intended to redevelop “the whole or a substantial part of the premises in which [C’s] flat [was] contained” within s 47(2)(b). M’s original redevelopment intention had been to combine C's flat with the flat next door so as to crea...

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