- Family gift exception used to retain development value without triggering statutory pre-emption provisions (York House v Thompson)
- What are the practical implications of this case?
- What was the background?
- What is the law in this area?
- What were the issues involved?
- What did the court decide?
- What was the court’s reasoning on section 4(2)(e)?
- Was the grant of the Leases capable of being a gift?
- Was the gift to a member of the landlord’s family?
- Were the disposals relevant disposals affecting premises to which LTA 1987 applied?
- The scope of the premises included in a relevant disposal
- The meaning of ‘appurtenance’
- The meaning of ‘common parts’
- Case details
Property analysis: A husband and wife were able to avoid triggering the statutory pre-emption provisions by granting leases of various parts of the building they owned to one or other of themselves. The grants fell within the exception of a gift to family. Their motive, to retain the development value in the building, in view of a proposed collective enfranchisement claim, was irrelevant.
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