Archive for January 2008
The House of Lords had to consider the phrase “designed or adapted for living in” in section 2(1) of the Leasehold Reform Act 196. The property was in a dlipaidated state and had not been occupied for many years. The House of Lords held that consideration had to be given as to the original purpose of the property and in this case it was originally “designed or adapted for living in” and therefore fell within the definition of a “house”.
An appeal by a tenant against a decision that a mineral exhaustion certificate issued by an expert surveyor under a lease was not valid was dismissed. The certificate had been issued on a mistaken basis as the surveyor had misconstrued what was intended by “the minerals”.
The Claimant flat owner claimed that the Defendant, as assignee of the reversion of the property, was liable in nuisance for ingress of water into the flat. The Court held that the principle of caveat lessee applied as the defect was pre-existing and there was no liability on the part of the Defendant.