Malpas v St. Ermin's Property Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 21 February 1992 |
| Date | 21 February 1992 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Housing - maisonette - whether a house
A building divided horizonatally into two maisonettes with two front doors on the ground floor could reasonably be called a house.
The Court of Appeal (Lord Justice Dillon and Lord Justice Steyn) so held on February 5 in dismissing an appeal by St Ermin's Property Co Ltd against the decision of Judge Willis at Croydon County Court on February 22, 1991 who held that Mrs Edith Mary Malpas was entitled to acquire the freehold of 22A Clarenden Road, Wimbledon under the Leaehold Reform Act 1967.
LORD JUSTICE DILLON said that it was not in doubt that Mrs Malpas satisfied all the requirements of the 1967 Act for acquiring the freehold provided the building could reasonably be called a house.
It was well established that if a building could reasonably be called a house, the fact that it could reasonably be called something else was irrelevant: see, for example, Lake v BennettELR ([1970] 1 QB 663.
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Malekshad v Howard de Walden Estates Ltd
...Miss Jackson also referred to two decisions of this court since Tandon, Sharpe v Duke Street Securities (1987) 55 P&CR 331 and Malpas v St Ermin's Property Company [1992] 1 EGLR 109. Both were concerned with terraced buildings in south London purpose-built at the beginning of the twentieth ......
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Malekshad v Howard de Walden Estates Ltd
...Street can reasonably be called a 'house', as the Act itself envisages: see section 2(1), and the observations of Dillon LJ in Malpas v St Ermin's Property Ltd [1992] 1 EGLR 109, 13 Where I part company with the Court of Appeal is that, even if the whole structure can reasonably be called ......
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