Court of Appeal gives judgment in Grosvenor Estates v Prospect Estates
On 21 November 2008, the Court of Appeal delivered judgment in the case of Grosvenor Estates Ltd v Prospect Estates Ltd [2008] EWCA Civ 1281. The proceedings concerned the question whether a 19th Century building was a house "reasonably so called" under the Leasehold Reform Act 1967. The building had been designed as a house in the 19th century, but in recent years was let for use only as offices, with a small flat on the top floor. The Court of Appeal allowed Grosvenor's appeal against the county court's judge's decision that the original design was the decisive factor, and that there had been no major structural works. The lease terms, which prevented lawful residential use in nearly 90% of the building, meant that it could not reasonably be called a house. Anthony Radevsky acted for Grosvenor.
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