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 and news
Costs and insolvencies mount for SMEs, despite growth
Construction sector under insolvency and wage bill pressure in part linked to National Insurance, says report.
The place for vitrified clay pipes in modern infrastructure
Why vitrified clay pipes are reclaiming their role in built projects.
Research by construction PR consultancy LMC published.
Roles and responsibilities of domestic clients
ACA Safety in Construction guide for domestic clients.
Fire door compliance in UK commercial buildings
Architect and manufacturer gives their low down.
Plumbing and heating for sustainability in new properties
Technical Engineer runs through changes in regulations, innovations in materials, and product systems.
Awareness of the Carbon Border Adjustment Mechanism
What CBAM is and what to do about it.
The new towns and strategic environmental assessments
12 locations of the New Towns Taskforce reduced to 7 within the new towns draft programme and open consultation.
Buildings that changed the future of architecture. Book review.
The Sustainability Pathfinder© Handbook
Built environment agency launches free Pathfinder© tool to help businesses progress sustainability strategies.
Government outcome to the late payment consultation, ECA reacts.
IHBC 2025 Gus Astley Student Award winners
Work on the role of hewing in UK historic conservation a win for Jack Parker of Oxford Brookes University.
Future Homes Building Standards and plug-in solar
Parts F and L amendments, the availability of solar panels and industry responses.
How later living housing can help solve the housing crisis
Unlocking homes, unlocking lives.
Preparing safety case reports for HRBs under the BSA
A new practical guide to preparing structural inputs for safety cases and safety case reports published by IStructE.
Male construction workers and prostate cancer
CIOB and Prostate Cancer UK encourage awareness of prostate cancer risks, and what to do about it.