Bishop & Sewell

You may have been following the case of Jewelcraft v Pressland which has been making its way from the Court of Appeal to the Supreme Court. Not entirely unexpectedly, the Supreme Court has turned down the landlords’ application for leave to appeal.

Whilst this is not a wholly unexpected result, the Supreme Court has missed an opportunity to carry out a significant ‘clear up’ of the law in this area.

Whilst the position in relation to ‘mixed-use’ premises where there is a shop with flat above has perhaps been clarified, the position is still unclear in relation to other types mixed property.

Further details of the case can be found here.

If you have, or are involved with mixed use property, held under a single lease (of more than 21 years), where the commercial parts are sublet, then there is a possibility that the freehold may be acquired under the Leasehold Reform Act 1967.

If you would like to discuss further then by all means email or telephone 0207 631 4141 and ask to speak to a member of the landlord and tenant team.

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