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.
The Building Safety Regulator announces a call for evidence.
Government approach could undermine delivery and regeneration.
World's first mass timber data centre.
The overlooked environmental aspect of data centre development.
Introduction to radon awareness
New technical information sheet published by CIOB.
Updated supplier guide can help electrical contractors engage with NHP.
CIAT confirm the winners of the 2026 architectural technology awards.
Government launches a one stop shop for flood preparedness.
Sir Edwin Lutyens: Britain's greatest architect? Book review.
CIOB publishes free template to help assess and manage risks.
ECA's reflections on Party Conference season
Burnham wants to be confident of winning before asking for a fresh mandate.
New Chief Construction and Scientific Adviser
Sergio Cavalaro, Professor of Infrastructure Systems at Loughborough University.
Building safety levy for England
CIAT publish estimator tool for members.
















