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Saturday 22 November 2008
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| Litigation | Wills and probate | Conveyancing | Commercial Law | Family Law | Personal Injury Law | Employment Law |
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Return to full list of news stories > Right to Buy: Can Commercial Tenants Now Buy Their Property? “A recent House of Lords decision may have opened the door for thousands of office tenants, and of other properties originally designed to be used as homes, to be given the right to buy their properties,” says Maria Lati, Solicitor and Managing Partner at Grant Saw Solicitors. The Leasehold Reform Act 1967 gives a long leaseholder of a house the legal right to purchase the freehold according to a set procedure. The Act does not refer to commercial premises, however the House of Lords’ decision suggests that, in some circumstances, commercial tenants may now acquire the right to buy the properties they occupy. The House of Lords ruling hinged on whether or not the premises in question could be classified as a ‘house’ – defined by the Act as premises that are designed or adapted to be lived in and which can reasonably be called a house. In the case in point, the building was used for commercial purposes, but had originally been designed as a residential property. The Lords considered that even though the premises themselves were not habitable, the strict construction of the law meant that since the premises were designed to be lived in, the right to buy applied. It is quite clear from the judgment of Lord Walker that the Lords consider that a property of ‘mixed’ use, having been adapted for residential occupancy, should also qualify as a house for this purpose. Says Maria Lati: “We are watching with interest to see what the outcome of this decision will be. It potentially has massive implications for owners and tenants of all sorts of properties originally designed as or adapted to be houses. For now, we would suggest that landlords thinking of giving a long lease for such commercial premises should perhaps think again until the position is clearer.” For more information visit our conveyancing department > Return to full list of news stories >
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