- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 02 Jul 2013
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.
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)
 Related articles on Designing Buildings Wiki
Featured articles and news
Which room is the most fun to design? Find out the 'Grand Designs' presenter's unusual choice in our interview.
Full suite of speakers are announced for this year's BSRIA Briefing event.
Book your place for the Architectural Technology Awards 2018.
There are many ways of classifying types of building. Have a look at our range of building articles.
BSRIA have launched the 'major update' of the go-to design framework guide for building services.
How to get results with building life cycle assessment.
Government publishes a prospectus inviting proposals for new 'garden communities'.
The Morandi motorway bridge in Genoa collapses during rainstorm while undergoing maintenance works.
'Developed design' is a phrase coined by the RIBA for their 2013 Plan of Work. But what does it actually mean?
New green paper published aiming to rebalance the relationship between landlords and residents and tackle stigma.
RIBA calls for a comprehensive ban on combustible materials.