Q&As

Where a flat and a garage are held under separate untied leases and the owner applies for an extended lease of each by way of separate applications, can the landlord object to the application for an extension of the garage lease on the grounds that it is not a dwelling under section 101 of the Leasehold Reform, Housing and Urban Development Act 1993?

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Published on LexisPSL on 15/07/2016

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where a flat and a garage are held under separate untied leases and the owner applies for an extended lease of each by way of separate applications, can the landlord object to the application for an extension of the garage lease on the grounds that it is not a dwelling under section 101 of the Leasehold Reform, Housing and Urban Development Act 1993?

Where a flat and a garage are held under separate untied leases and the owner applies for an extended lease of each by way of separate applications, can the landlord object to the application for an extension of the garage lease on the grounds that it is not a dwelling under section 101 of the Leasehold Reform, Housing and Urban Development Act 1993?

The tenant of a flat which is held on a long lease has the right to acquire a new lease of the flat under section 39(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993).

The definition of ‘flat’ is set out in LRHUDA 1993, s 101:

'“flat” means a separate set of premises (whether or not on the same floor)—

(a) which forms part of a building, and

(b) which is constructed or adapted for use for

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