Smith & Dennis v Jafton Properties
This case has far-reaching implications for commercial tenants of former residential buildings seeking to enfranchise their leasehold interests. The decision in the case of Smith & Dennis v Jafton Properties Limited follows that of the Supreme Court in Day v Hosebay.
That case held that a building used solely for commercial purposes was not a "dwelling" and the tenant, therefore, had no rights of enfranchisement.
In Smith & Dennis v Jafton Properties Limited the Court considered the definition of a "flat" under the Leasehold Reform Housing and Urban Development Act 1993 and ruled that even if premises are considered to be a flat, the use to which a flat is put must be considered as well in determining whether or not enfranchisement rights exist. In this case the Judge ruled that as the flats were solely used for commercial purposes, the tenants did not have the right to buy the freehold.
The judgement means that, in addition to considering whether premises are a "flat" under the act, the actual current use and nature of occupation are also relevant in considering enfranchisement rights.
This article was created by by:--Martinc 12:40, 2 July 2013 (BST)
[edit] Related articles on Designing Buildings Wiki
Featured articles
Check out some of the best features and news from Designing Buildings as well as key stories from around the web.
Your views needed - a strategy for the professions, trades and occupations.
Confronting competency, codes, capacity and costs.
The hidden risk in modern construction supply chains.
Construction Management, 10 June
24 months to 14: CITB launches accelerated apprenticeships.
Bridging the gap between clients and contractors
Concerns remain around contractor quality, capability, and delivery.
Construction Management, 10 June.
Heat pumps beat boilers in new home tests.
Building Safety Act implementation in Wales
CIAT to host industry panel on 26 June.
New and updated CLC building safety guidance.
New UK National Buildings Database.
Building Safety Wiki Interviews
Chief executive of the British Woodworking Federation.
Planning condition discharge in England and Wales
A brief explanation from a building compliance expert, with further links.
















