header-logo header-logo

11 January 2013 / Natasha Rees
Issue: 7543 / Categories: Features , Landlord&tenant , Property , Housing
printer mail-detail

House rules

Natasha Rees analyses the courts’ continuing quest to define what a house is

The long-awaited decisions in two appeals—known collectively as “Hosebay”—have finally been handed down by the Supreme Court. The appeals, brought by two central London landed estates—the Day Estate and the Howard De Walden Estate—were challenging an earlier Court of Appeal decision that a property used for commercial purposes could qualify as a “house” for the purposes of the Leasehold Reform Act 1967 (LRA 1967). The Supreme Court, in Day v Hosebay Ltd, Lexgorge Ltd v Howard de Walden Estates Ltd [2012] UKSC 41, unanimously allowed both appeals.

In an earlier judgment on this issue, Lewison LJ said the word “house” was one of the 200 most frequently used words in the English language. It does seem slightly excessive, therefore, that it has been necessary to ask seven justices of the Supreme Court to determine its meaning. The main reason for this is because the house test, when it was originally formulated, was based on the tenant being resident in the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll