The Corporation of Trinity House of Deptford Strond v 4-6 Trinity Church Square Freehold Ltd [2018] EWCA Civ 764
What Rights Is A Tenant Allowed To Claim On Enfranchisement?
In The Corporation of Trinity House of Deptford Strond v 4-6 Trinity Church Square Freehold Ltd [2018] EWCA Civ 764, the Court of Appeal considered s. 1(4) of the Leasehold Reform, Housing and Urban Development Act 1993 for the first time. In a collective enfranchisement claim, the participating tenants are entitled to claim the freehold of land outside the building containing the flats, which lessees are entitled to use in common under the terms of their leases. In such a case, the right to the freehold can be satisfied by the grant of permanent rights over the land which are nearly as may the same as those enjoyed under the terms of the leases. In this case, the leases granted a revocable licence to use a garden. The Court of Appeal held that, to satisfy the requirement of permanence in s. 1(4), this required the grant of an irrevocable easement to use the garden. Anthony Radevsky acted for the landlord.
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