The Judgement in this case has helped clarify the question ‘what is a flat’ for the purposes of a collective enfranchisement claim. The case looked at both the appearance and the use of the property in deciding whether it was ‘occupied for residential purposes’.
The County Court decided that flat must be used for the purposes of a dwelling to fall within the provisions of the Leasehold Reform Housing and Urban Development Act 1993. In this case, the occupancy was likened to that of a hotel and it was deemed insufficient to satisfy these requirements.