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Hosebay Ltd v Day and another; Lexgorge Ltd v Howard de Walden Estates Ltd [2010] EWCA Civ 748

DATE: 01 Jul 2010

For the purposes of Leasehold Reform Act 1967, in determining whether premises have been adapted for living in, it is necessary to look at the most recent works of adaptation and assess objectively whether they have resulted in the property being adapted for living in. A building that had been designed or adapted for living in will be excluded from being a "house" only if nobody could reasonably call the building a house. The question is to be determined by reference to the external and internal character and appearance of the building. In the instant case,  the property was a house reasonably so called, notwithstanding the actual use of the entire property for office purposes, in the light of its external and internal character and appearance, at least on the upper two floors, the description of the property in the lease and, to the extent that it was relevant, the terms of the lease restricting the use of the upper two floors to residential.