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Kintyre Ltd v Romeomarch Property Management Ltd

Language: English Series: Estates Gazette ; [2006] 08 EG 176-178(3)Publication details: 2006Subject(s): Summary: Adjudicator to HM Land Registry, 4 November, 2005. Concerns a dispute over the registration under the Land Registration Act 2002 of a lease to roof space. R granted K a lease of the roof space above a collectively enfranchised block of flats. The lease allowed the development of one or more flats above and the location of telecommunications apparatus. R disputed K's application. "Held": application dismissed. The roof space was required for the proper management of the roof which would be rendered impossible if flats were built or mobile masts placed on it. If the roof space lease had existed before the initial notice of collective enfranchisement it would have been liable to acquisition under the Leasehold Reform, Housing and Urban Development Act1993 s2(1)(b). The lease was void under s19 of the 1993 Act.

Adjudicator to HM Land Registry, 4 November, 2005. Concerns a dispute over the registration under the Land Registration Act 2002 of a lease to roof space. R granted K a lease of the roof space above a collectively enfranchised block of flats. The lease allowed the development of one or more flats above and the location of telecommunications apparatus. R disputed K's application. "Held": application dismissed. The roof space was required for the proper management of the roof which would be rendered impossible if flats were built or mobile masts placed on it. If the roof space lease had existed before the initial notice of collective enfranchisement it would have been liable to acquisition under the Leasehold Reform, Housing and Urban Development Act1993 s2(1)(b). The lease was void under s19 of the 1993 Act.