Smith v Jafton Properties Ltd [2012] 01 EG 56
In Smith v Jafton Properties Ltd [2012] 01 EG 56, the Court of Appeal considered a collective enfranchisement claim in the case of a building containing four flats, let under a headlease. It held that the tenants who took partial assignments of the lease were individual lessees of their own flats, and were not joint tenants of all the flats. Consequently, they were not precluded from bringing an enfranchisement claim by virtue of the rule which prevents a person from being the qualifying tenant of more than two flats. The judgments considered cases going back hundreds of years on the effect of a partial assignment. Stephen Jourdan QC appeared for the tenants and Anthony Radevsky appeared for the landlord.
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