Aldford House Freehold Ltd v Grosvenor (Mayfair) Estate and K Group [2018] EWHC 3430 (Ch)
Judgment in Aldford House Freehold Ltd v Grosvenor (Mayfair) Estate and K Group [2018] EWHC 3430 (Ch) was delivered by Fancourt J. on 14 December 2018.
The dispute concerned a collective enfranchisement claim relating to a large block of flats on Park Lane.
Stephen Jourdan QC, leading Tom Jefferies, appeared for the successful headlessee, K Group.
Many issues were argued in the case, but the one which was decisive was as to the number of flats in the building. This turned on the interpretation and application of the statutory definition of “flat”.
The 1993 Act defines a “flat as “a separate set of premises (whether or not on the same floor) (a) which forms part of a building, and (b) which is constructed or adapted for use for the purposes of a dwelling, and (c) either the whole or a material part of which lies above or below some other part of the building”. “Dwelling” is defined as: “any building or part of a building occupied or intended to be occupied as a separate dwelling”.
Fancourt J held that once there is a separate set of premises, which is constructed for the purpose of being used as a dwelling, it is a “flat” even though it has not yet been fitted out so as to be capable of being lived in.
The judgment can be read here
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