Court of Appeal gives judgment in Ackerman v Lay
The Court of Appeal has recently given judgment in another important case arising under the Leasehold Reform (etc.) Act 1993. It concerns the effect of a claim for an extended lease of a flat where the tenant was at the time the tenant of the whole building.
In Howard de Walden Estates v. Aggio [2008] 3 WLR 244 the House of Lords held that a person holding a single long lease of a building comprising several flats could be a “qualifying tenant” of a flat or flats within the meaning of the Leasehold Reform (etc.) Act 1993 and therefore entitled to a new long tenancy of those flats.
In Ackerman v. Lay (properly Portman Estate Nominees) [2008] EWCA Civ 1428 (decided on 16th December 2008), the Court of Appeal had to consider whether the making of a claim for a new long lease of one flat by a tenant of a building containing several flats resulted in the lease of the whole building being continued during the currency of the claim, so that a claim to enfranchise the whole house under the 1967 Act could be made after the date on which the lease had been limited to expire.
The Court held, dismissing the appeal and declining to follow Malekshad v. Howard de Walden Estates (No.2) [2004] 1 WLR 862, that the lease was only continued in so far as it related to the flat and not to the rest of the building.
Anthony Radevsky represented the Appellant; Jonathan Gaunt QC and Edward Cole appeared for the Respondent.
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