Lewis-Graham v Conacher [1992]

As the property rented by the tenant lacked shared gas, electricity and water supplies with the landlord’s residence, despite the interconnecting doors being sealed, the landlord was a resident landlord.

The landlord owned a semi-detached house to which a previous owner had added an extension consisting of a garage and granny flat. The flat had its own front door and number, but it shared a common gas, electricity and water supply with the house. The landlord’s mother lived in the granny flat, which had interconnecting doors to the main house. Following her mother’s death, the landlord sealed the interconnecting doors and let the flat out as furnished accommodation. Three years later building works were done on the flat to make it into a separate dwelling.
Soon afterwards the landlord served a notice to quit on the tenant.
In the county court, the judge had to determine that whether at all times during the existence of the tenancy the building had been one building or whether due to the building works carried out later it had become two buildings. He found that the work to separate the properties had not been completed, as the flat still shared the common gas, electricity and water supplies. Therefore, he held found that the flats was still part of the same building as the house, and accordingly the landlord was a resident landlord.

HELD: The Court of Appeal held that this was a borderline case, but had essentially it been a question of fact for the county court judge. The Court did not interfere with his finding, and dismissed the appeal.

Citation: Lewis-Graham v Conacher [1992] 02 EG 171