ON APPEAL FROM Chancery Division
MR JUSTICE HENDERSON
ON APPEAL FROM CENTRAL LONDON COUNTY COURT
HIS HONOUR JUDGE MADGE
Strand, London, WC2A 2LL
B e f o r e :
LADY JUSTICE SMITH
LADY JUSTICE BLACK
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Mr Philip Rainey QC (instructed by Butcher Burns) for the Respondent
Hearing date: 15 February 2011
Crown Copyright ©
Lady Justice Smith:
(1) Subject to section 4, this Chapter applies to any premises if-
(a) they consist of a self-contained building or part of a building…
(b) they contain two or more flats held by qualifying tenants; and
(c) the total number of flats held by such tenants is not less than two thirds of the total number of flats contained in the premises.
(2) For the purposes of this section a building is a self- contained building if it is structurally detached, and a part of a building is a self-contained part of a building if -
(a) it constitutes a vertical division of the building and the structure of the building is such that that part could be redeveloped independently of the remainder of the building: and
(b) the relevant services provided for occupiers of that part either –
(i) are provided independently of the relevant services provided for occupiers of the remainder of the building, or
(ii) could be so provided without involving the carrying out of any works likely to result in a significant interruption in the provision of any such services for occupiers of the remainder of the building."
The proceedings below
The appeal to this court – submissions
(8) Where any premises have been specified in a notice under this section, no subsequent notice which specifies the whole or part of those premises may be given under this section so long as the earlier notice continues in force.
(9) Where any premises have been specified in a notice under this section and –
(a) that notice has been withdrawn ….., or
no subsequent notice which specifies the whole or part of those premises may be given under this section within the period of twelve months beginning with the date of withdrawal or….
(10) In subsections (8) and (9) any reference to a notice which specifies the whole or part of any premises includes a reference to a notice which specifies any premises which contain the whole or part of the premises; and in those subsections "specifies' means specifies under subsection (3)(a)(i).
4 Premises excluded from right
(3A) Where different persons own the freehold of different parts of the premises within subsection (1) of section 3, this Chapter does not apply to the premises if any of those parts is a self-contained part of a building for the purposes of that section.
Lady Justice Black:
The Chancellor of the High Court: