LEASEHOLD ENFRANCHISEMENT – COLLECTIVE ENFRANCHISEMENT – development hope value – s. 24 and paras 2-5, Sch 6, Leasehold Reform, Housing and Urban Development Act 1993 – appeal dismissed . .
‘This case concerns the proper interpretation of certain provisions of that [1993 Act] regime when after a claim to collective enfranchisement has been made and registered, the freeholder grants a 999 year lease of a part of the premises. In a thorough and thoughtful judgment in the Central London County Court, HH Judge Marshall QC … Continue reading Cadogan v Panagopoulos and Another: ChD 15 Mar 2010
The claimants challenged the validity of compulsory purchase orders for their land. Judges: Goldring J Citations: [2007] EWHC 959 (Admin) Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 158(1) Jurisdiction: England and Wales Land, Housing Updated: 20 December 2022; Ref: scu.251575
The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly. Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 Act was expropriatory in nature. Millet LJ said: ‘It would, in my opinion, be wrong to disregard the … Continue reading Cadogan v McGirk: CA 25 Apr 1996
LT COLLECTIVE ENFRANCHISEMENT – Leasehold Reform, Housing and Urban Development Act 1993 section 33 – costs of enfranchisement – procedural defect in LVT reducing costs claimed by reversioner by reference to a matter which was not in dispute between the parties. Citations: [2007] EWLands LRA – 184 – 2006 Links: Bailii Statutes: Leasehold Reform, Housing … Continue reading Stoll Construction Ltd v Colclough and others: LT 4 Jul 2007
LEASEHOLD ENFRANCHISEMENT – maisonette – premium for grant of new lease – use of LVT’s own expertise as expert tribunal – value of improvements – use of single house price index rejected – price determined at pounds 12,121 – Leasehold Reform, Housing and Urban Development Act 1993, Sch. 13 Citations: [2007] EWLands LRA – 28 … Continue reading Re Elmbirch Properties Plc: LT 17 Jan 2007
The tenant had served a notice to purchase the freehold of the premises at pounds 100.00, a formal nominal figure. The landlord claimed that the notice was invalid. Held: The process was one of compulsory purchase. ‘The tenant is required to specify the premium that he proposes to pay. He did not do so; he … Continue reading Cadogan Estates Limited v Morris: CA 4 Nov 1998
Citations: [2007] EWHC 2963 (Ch) Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 43(3) Jurisdiction: England and Wales Landlord and Tenant Updated: 23 November 2022; Ref: scu.341754
Appeal relating to a claim for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 in respect of a residential development in London Judges: Mrs Justice Falk Citations: [2020] EWHC 920 (Ch) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.650194
The tenant of a house had subdivided it and let off the flats. He sought to acquire the freehold. Held: Where none of the subtenants themselves had qualifying leases, the head tenant could be in sufficient occupation to be able to buy the freehold. Judges: The Hon Mr Justice Laddie Lord Justice Jonathan Parker Citations: … Continue reading Earl Cadogan, Cadogan Estates Limited v Search Guarantees Plc: CA 27 Jul 2004
LT LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – status of appellant as witness – deferment rate – marriage value – whether participating tenants’ interests to be valued without Act rights – caretaker’s flat – whether intermediate lessee entitled to charge rent for this – held Act rights to be left out of account and no right … Continue reading Mchale v Cadogan: LT 30 Oct 2008
UTLC LEASEHOLD ENFRANCHISEMENT – flats – premiums for extended leases – capitalisation rate – discount for onerous ground rent terms – Leasehold Reform, Housing and Urban Development Act 1993, Schedule 13 Part I – appeal dismissed Judges: Lindblohm P, Rose FRICS Citations: [2012] UKUT 391 (LC) Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development … Continue reading CA Trott (Plant Hire) Ltd v Humble and Others: UTLC 29 Oct 2012
The tenant appealed against an order requiring the amendment of what was found to be an obvious error in the lease as to the responsibility of the lessor to make repairs to certain walls and rooves, and the apportionment of liability for payment of any associated costs. Held: The appeal succeeded. There was no obvious … Continue reading Campbell v Daejan Properties Ltd: CA 20 Nov 2012
Citations: [2012] EWCA Civ 1174 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 04 November 2022; Ref: scu.463817
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – common parts – valuation – parking as a potential incidental to vehicular rights of way – right to stop and load as a potential incidental to vehicular rights of way – valuation taking account of this – appeal dismissed – Leasehold Reform, Housing and Urban Development Act 1993 … Continue reading Sinclair Garden Investments Ltd v 2 Medina Villas (Hove) Ltd: UTLC 29 May 2012
Judges: Lord Justice Lewison Citations: [2020] EWCA Civ 371 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 03 November 2022; Ref: scu.648855
Application for purchase of freehold of flats by purchaser nominated by leaseholders. Citations: [2007] EWCA Civ 6, [2007] 1 EGLR 67, [2007] 2 All ER 116, [2007] 2 P and CR 1, [2007] L and TR 14, [2007] Ch 187, [2007] 2 WLR 185, [2007] 11 EG 162, [2007] 5 EG 306 Links: Bailii Statutes: … Continue reading Cawthorne and others v Hamdan: CA 24 Jan 2007
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – land and rights – whether land over which tenants have common rights should be transferred to nominee purchaser or permanent rights granted – power of LVT to order transfer of land where permanent rights offered by landlords – price – whether addition should be made for prospective value of … Continue reading Lynari Properties Ltd v Shortdean Place (Eastbourne) Residents Association Ltd: LT 5 Aug 2003
The landlord sought a declaration as to the invalidity of a s42 notice. Citations: [2002] EWCA Civ 790 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 42 Jurisdiction: England and Wales Landlord and Tenant Updated: 11 October 2022; Ref: scu.217254
The court was asked short point of statutory construction about the meaning of the phrase ‘a self-contained part of a building’ in sections 3 and 4 of the 1993 Act: ‘e only point taken by the defendant freeholder, Craftrule Ltd (‘Craftrule’), in resisting the enfranchisement claim is that the Property comprises two parts, consisting of … Continue reading Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd: ChD 27 May 2010
Appeal from assessment of compensation on enfranchisement – fixing of correct date Citations: [2002] EWCA Civ 1372, [2002] 45 EG 155 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Citing: See Also – West Hampstead Management Company Ltd v Pearl Property Ltd CA 10-Jul-2002 Solicitors’ application to be … Continue reading West Hampstead Management Company Ltd v Pearl Property Ltd: CA 26 Jul 2002
LEASEHOLD ENFRANCHISEMENT – DEVELOPMENT POTENTIAL – property purchased at auction four months before valuation date – enfranchisement premium determined at less than a third of auction price – sufficiency of FTT’s reasons – whether FTT bound to adopt auction price as market value – s.24, Leasehold Reform, Housing and Urban Development Act 1993 – appeal … Continue reading Properties AY and U Ltd v Barham House Freehold Ltd: UTLC 18 Aug 2022
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – terms of contract – whether term requiring transfer of property in same physical state as at the date of valuation should be imposed – held it should not – intermediate leasehold interest – whether owner entitled to share in marriage value – held it was – whether enhancement … Continue reading Themeline Ltd v Vowden Investments Ltd: UTLC 20 Apr 2011
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – premium payable – power of Upper Tribunal to correct a clerical mistake or error arising from an accidental slip or omission by the LVT – whether in determining the terms of acquisition under Leasehold Reform, Housing and Urban Development Act 1993 the Tribunal has power to order the … Continue reading Cadogan v Cadogan Square Properties Ltd: UTLC 16 Feb 2011
UTLC LEASEHOLD REFORM – collective enfranchisement – price payable – whether hope value in respect of non-participating flats including caretaker’s flat – relativity – use of graphs or adjustment to market comparables to allow for benefit of Act – effect of user restriction upon rental value of caretaker’s flat – assessment of valuation evidence and … Continue reading Cadogan and Another v Cadogan Square Ltd: UTLC 21 Apr 2011
Judges: Lord Justice Lewison Citations: [2019] EWCA Civ 1848 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 06 September 2022; Ref: scu.643099
The court was asked to construe the phrase ‘a self- contained part of a building’ in the 1993 Act. Judges: Smith LJ Citations: [2011] EWCA Civ 185 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 3 4 Jurisdiction: England and Wales Landlord and Tenant Updated: 03 September 2022; Ref: scu.430046
Judges: Arden, Elias, Pitchford LLJ Citations: [2010] EWCA Civ 1471 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Sch ^ Jurisdiction: England and Wales Landlord and Tenant Updated: 31 August 2022; Ref: scu.427370
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – whether price enhanced by value potentially available from a reconversion of the relevant building into a single house – extent of the additional value potentially realisable from such a reconversion – extent of risks regarding ability to obtain vacant possession and carry out such redevelopment including whether planning … Continue reading 31 Cadogan Square Freehold Ltd v Cadogan: UTLC 16 Sep 2010
A notice said to have been given under section 13 of the 1993 Act to claim for to collective enfranchisement was invalid in that it failed to meet the requirements of section 13(3)(e). The notice failed properly to identify all the qualifying tenants and their addresses in the property. Judges: Sir Terence Etherton C, Patten, … Continue reading Natt and Another v Osman and Another: CA 26 Nov 2014
UTLC LEASEHOLD ENFRANCHISEMENT – deferment rate – hope value – collective enfranchisement – 1930s flats in outer London – deferment rate 5% affirmed – hope value of flats of non-participating tenants taken at 10% of marriage value – Leasehold Reform, Housing and Urban Development Act 1993, Sch 11 Citations: [2009] UKUT 168 (LC) Links: Bailii … Continue reading Culley v Daejan Properties Ltd: UTLC 7 Sep 2009
UTLC LEASEHOLD ENFRANCHISEMENT – flat – lease extension – premium – comparables – adjustments – relativity – graph of graphs – LVT determination outside range of disputed values – appeal allowed – Leasehold Reform, Housing and Urban Development Act 1993 section 48 and Schedule 13 Citations: [2009] UKUT 171 (LC) Links: Bailii Jurisdiction: England and … Continue reading Dependable Homes Ltd v Mann and Another: UTLC 8 Sep 2009
UTLC Leasehold enfranchisement – costs – initial notices – basis of assessment – costs of proceedings – unreasonable conduct – appeal allowed in part – section 33 Leasehold Reform, Housing and Urban Development Act 1993 – paragraph 10 Schedule 12 Commonhold and Leasehold Reform Act 2002 Citations: [2010] UKUT 81 (LC) Links: Bailii Jurisdiction: England … Continue reading Drax v Lawn Court Freehold Ltd: UTLC 24 Mar 2010
LEASEHOLD ENFRANCHISEMENT – price payable for freehold of flats – value of freeholder’s interest – assessment of marriage value – yield – uplift – hope value – analysis of settlements and auction results – Leasehold Reform, Housing and Urban Development Act 1993, Schedule 6 paras 2-4 – price determined at pounds 33,300 Citations: [2001] EWLands … Continue reading Maryland Estates Ltd v Campana Court Ltd: LT 10 Apr 2001
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – valuation date – discount for risk of assured tenancies – uplift to reflect value of owning freehold – marriage value – comparables – value – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 6 – price increased from pounds 450,000 to pounds 519,000 Citations: [2001] EWLands LRA – … Continue reading West Hampstead Management Co Ltd v Pearl Property Ltd: LT 31 Oct 2001
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – preliminary issue – nominee purchasers had appealed to Lands Tribunal against decision of Leasehold Valuation Tribunal fixing price to be paid for freehold – shortly before Lands Tribunal hearing freeholder serves notice under Schedule 9 paragraph 5 of Leasehold Reform, Housing and Urban Development Act 1993 requiring a lease … Continue reading Cawthorne and others v Hamdan: LT 6 Mar 2006
London : Grant of new lease (section 48 Leasehold Reform, housing and Urban Development Act 1993) Citations: [2015] UKFTT RP – LON – 00BA – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 11 August 2022; Ref: scu.626611
London : Section 50 of The Leasehold Reform, Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – LON – 00AZ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 11 August 2022; Ref: scu.626539
LEASEHOLD ENFRANCHISEMENT – price payable on collective enfranchisement for acquisition of freehold of four flats – value of tenants improvements – value of flats – uplift – yield – Leasehold Reform, Housing and Urban Development Act 1993 s.24 -Appeal dismissed. Citations: [2000] EWLands LRA – 22 – 2000 Links: Bailii Statutes: Leasehold Reform, Housing and … Continue reading Hyde v Mallow Properties Ltd: LT 29 Nov 2000
Citations: [2009] EWCA Civ 995 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 04 August 2022; Ref: scu.376165
LT LEASEHOLD ENFRANCHISEMENT – intermediate leasehold interests – how to be valued Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13 paras 6, 7. Citations: [2008] EWLands LRA – 114 – 2006 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Landlord and Tenant Updated: 30 July 2022; Ref: scu.372345
Judges: Lloyd, Sullivan, Lewison LJJ Citations: [2013] EWCA Civ 90, [2013] 1 WLR 2842, [2013] L and TR 30, [2013] WLR(D) 81, [2013] 2 EGLR 97, [2013] RVR 232, [2013] HLR 25 Links: Bailii, WLRD Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 21 July 2022; … Continue reading Kutchukian v John Lyon’s Charity, Trustees of The: CA 20 Feb 2013
The claimants were tenants of a charitable housing association, and sought the enfranchisement of their leasehold properties. The landlord appealed a declaration that the tenants were so entitled, saying that each of the tenants was excluded from the right to collective enfranchisement because his flat ‘forms part of the housing accommodation provided by (the Appellant) … Continue reading Richmond Housing Partnership Ltd v Brick Farm Management Ltd: QBD 28 Jul 2005
The landlord of a block of apartments appealed against an order requiring him to transfer his interest under the Act to the respondent company owned by the tenants. Judges: Tuckey, Carnwath, Jacob LjJ Citations: [2008] EWCA Civ 864 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and … Continue reading Goldeagle Properties Ltd v Thornbury Court Ltd: CA 25 Jul 2008
Citations: [2012] EWCA Civ 1181, [2012] 48 EG 64, [2012] RVR 348, [2012] 3 EGLR 38, [2012] HLR 47 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 24 Jurisdiction: England and Wales Landlord and Tenant Updated: 15 July 2022; Ref: scu.463823
LT LEASEHOLD ENFRANCHISEMENT – flats – value of existing leases affected by interpretation of rent review clauses – meaning of the phrase ‘increased market ground rental value’ – whether Jarrett v Burford Estates [1999] 1 EGLR 181 rightly decided – ground rents chargeable on review – effects on value of existing leases and premiums payable … Continue reading Elmbirch Properties Plc v Schaefer-Tsoropatzadis and Another: LT 2 Mar 2007
LT LEASEHOLD ENFRANCHISEMENT . . preliminary issues – deferment rate – determination of deferment rate – Arbib v Earl Cadogan considered – deferment rate of 4.75% applied to houses and 5% applied to flats – guidance on this ( hope value – whether hope of releasing share of marriage value relevant in collective enfranchisement – … Continue reading Cadogan and Another v Sportelli and Another: LT 15 Sep 2006
LT LEASEHOLD ENFRANCHISEMENT – houses and flats in central London – appeals heard together regarding deferment rate – no convention that 6% established – absence of market evidence – decisions of LVTs and Lands Tribunal – settlements – financial markets – index-linked gilts – appeals allowed – deferment rates of 4.5%, 4.75% and 6.4% applied … Continue reading Arbib v Earl Cadogan: LT 15 Sep 2005
LT LEASEHOLD ENFRANCHISEMENT – houses and flats in central London – appeals heard together regarding deferment rate – no convention that 6% established – absence of market evidence – decisions of LVTs and Lands Tribunal – settlements – financial markets – index-linked gilts – appeals allowed – deferment rates of 4.5%, 4.75% and 6.4% applied … Continue reading Day and Another v 32 Rosary Gardens (Freehold) Ltd: LT 15 Sep 2005
LT LEASEHOLD ENFRANCHISEMENT – houses and flats in central London – appeals heard together regarding deferment rate – no convention that 6% established – absence of market evidence – decisions of LVTs and Lands Tribunal – settlements – financial markets – index-linked gilts – appeals allowed – deferment rates of 4.5%, 4.75% and 6.4% applied … Continue reading Cadogan and Another v 55/57 Cadogan Square Freehold Ltd: LT 15 Sep 2005
LT LEASEHOLD ENFRANCHISEMENT – houses and flats in central London – appeals heard together regarding deferment rate – no convention that 6% established – absence of market evidence – decisions of LVTs and Lands Tribunal – settlements – financial markets – index-linked gilts – appeals allowed – deferment rates of 4.5%, 4.75% and 6.4% applied … Continue reading Cadogan and Another: LT 15 Sep 2005
LT LEASEHOLD ENFRANCHISEMENT – houses and flats in central London – appeals heard together regarding deferment rate – no convention that 6% established – absence of market evidence – decisions of LVTs and Lands Tribunal – settlements – financial markets – index-linked gilts – appeals allowed – deferment rates of 4.5%, 4.75% and 6.4% applied … Continue reading Cadogan v Moussaieff: LT 15 Sep 2005
Notices had been served by tenants under the Acts. The properties were on a large estate where the freeholds had been divided and assigned to different bodies, and there were inconsistencies in identifying the landlords. The landlords served a counter-notice but it misidentified the landlord. The landlord appealed a finding that his notice was invalid. … Continue reading Lay and others v Ackerman and Another: CA 4 Mar 2004
Citations: [2005] EWCA Civ 775 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 42 Jurisdiction: England and Wales Landlord and Tenant Updated: 01 July 2022; Ref: scu.227956
LT LEASEHOLD ENFRANCHISEMENT – claim by former landlord for compensation for loss resulting from collective enfranchisement – price determined by County Court upheld by Court of Appeal – Leasehold Valuation Tribunal decided it had no jurisdiction – appeal dismissed – Leasehold Reform, Housing and Urban Development Act 1993, Schedule 6, paragraph 5. Citations: [2004] EWLands … Continue reading O’Brien v Glentamer Mansions Management Co Ltd: LT 8 Mar 2004
LT LEASEHOLD ENFRANCHISEMENT – premiums payable for grant of new leases of flats – marriage value – value of long lease agreed – whether assignments of unextended leases of other flats in same block provide satisfactory evidence of value of existing leases of subject flats – appeal dismissed – Leasehold Reform, Housing and Urban Development … Continue reading Collins and Another v Doyle and others: LT 7 Oct 2003
LEASEHOLD ENFRANCHISEMENT – premium payable for grant of new lease of flat – marriage value – market value of existing lease agreed – whether value affected by provisions of Leasehold Reform, Housing and Urban Development Act 1993 – appeal dismissed. Citations: [2003] EWLands LRA – 44 – 2002 Links: Bailii Jurisdiction: England and Wales Landlord … Continue reading Thiery v John Lyon’s Charity: LT 16 Jul 2003
LT LEASEHOLD ENFRANCHISEMENT – flat – premium for grant of new lease – yield – review rents – value of existing and proposed interests – compensation for loss or damage – valuation costs – Leasehold Reform, Housing and Urban Development Act 1993, section 60 and Schedule 13 Citations: [2001] EWLands LRA – 23 – 2000 … Continue reading Abacona Investements Ltd v Wright and others (Executors of Will of Eileen Elizabeth Yardley Deceased): LT 22 Feb 2001
LT LEASEHOLD ENFRANCHISEMENT- Leasehold Reform, Housing and Urban Development Act 1993 s.24 – premium payable for freehold – value of right to receive insurance commissions – value of right to manage. Appeal allowed in part – premium payable for freehold determined at andpound;3,610. Citations: [2000] EWLands LRA – 16 – 1999 Links: Bailii Statutes: Leasehold … Continue reading Phyllis Trading Ltd v 86 Lordship Road Ltd: LT 11 Jan 2000
The tenants offered to purchase the landlord’s freehold for andpound;210. The landlord made a counter offer to sell the freehold at andpound;130,000. The tenants argued that just as their offer had to be realistic, so the landlord’s had to be realistic, in default of which, the landlord having made no counter-proposal, the tenant’s notice was … Continue reading 9 Cornwall Crescent London Ltd v Kensington and Chelsea: CA 22 Mar 2005
Citations: [2004] EWCA Civ 1669 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 13 Jurisdiction: England and Wales Landlord and Tenant Updated: 27 June 2022; Ref: scu.220295
Renewed application for leave to appeal against a finding that a notice served under the 1993 Act was invalid and ineffective. Judges: Tuckey LJ Citations: [2002] EWCA Civ 663 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 42 Jurisdiction: England and Wales Landlord and Tenant Updated: 23 June 2022; Ref: scu.217158
LT LEASEHOLD ENFRANCHISEMENT- hope value- held hope value excluded- Leasehold Reform, Housing and Urban Development Act 1993 Sch 6 para 3 – costs. Citations: [2007] EWLands LRA – 25 – 2007 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 13 June 2022; Ref: scu.262241
Note: ‘In accordance with the well established principles of stare decisis the decisions of a higher court are binding on judges sitting in a lower court. This principle serves the interests of legal certainty: see Broome v. Cassell and Co [1972] AC 1027 at 1054. The needs of litigants and their advisers to know where … Continue reading Howard De Walden Estates Ltd and Another v Aggio and others; Earl Cadogan and others v 26 Cadogan Square Ltd: CA 24 May 2007
Application for permission to appeal against a decision of the President of the Lands Tribunal on an appeal from a determination by the Leasehold Valuation Tribunal Judges: Dyson LJ Citations: [2001] EWCA Civ 838 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 02 June … Continue reading Logothetis v Kadoori and others: CA 5 Jun 2001
UTLC Leasehold enfranchisement – collective enfranchisement – leasebacks under Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 – units not in existence at the relevant date – common parts at the relevant date – rights over the common parts – leasebacks of commercial premises Citations: [2014] UKUT 390 (LC) Links: Bailii … Continue reading Merie Bin Mahfouz Company (UK) Ltd v Barrie House (Freehold) Ltd: UTLC 8 Dec 2014
F granted T a lease reserving the right to deal with all rights in the property as F wanted. T used the back court and gate for business deliveries but then F granted the freehold to the plaintiff, who in turn denied all right to use the back court or gate as T had been … Continue reading Green v Ashco Horticulturist Ltd: 1966
The Court considered the application of the 1999 Regulations to the terms of a lease granted as an extension to an earlier lease under the 1993 Act. Citations: [2018] EWCA Civ 2284 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993, Unfair Terms in Consumer Contracts Regulations 1999 Jurisdiction: England and Wales Landlord … Continue reading Jones and Another v Roundlistic Ltd: CA 19 Oct 2018
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – whether owner of an intermediate leasehold could withdraw an agreement that the interest was to be acquired by the nominee purchaser – assessment of price – existence of substantial value in ability to develop building back to a single house – whether the assumptions required under Leasehold Reform, Housing … Continue reading Cravecrest Ltd v Duke of Westminster and Others: UTLC 28 Jun 2012
UTLC LEASEHOLD ENFRANCHISEMENT – applications for lease extensions under section 48, Leasehold Reform, Housing and Urban Development Act 1993 – relativities – weight to be given to previous LVT decisions – reliance upon graphs of relativity – appeal allowed Citations: [2012] UKUT 69 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 26 … Continue reading Re Coolrace Ltd and Others: UTLC 29 Feb 2012
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – terms of acquisition – whether restrictive covenant in headlease should be incorporated in transfer – existence of scheme of management – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 7 para 5 – price to be paid – extent of any enhancement in price attributable to potential for … Continue reading Kutchukian v The Free Grammar School of John Lyon: UTLC 1 Mar 2012
UTLC LEASEHOLD ENFRANCHISEMENT – costs – valuation fee – freeholder agrees to pay a fee within a fixed range for initial valuation and similar fee for subsequent negotiations – whether agreed fee reasonable for valuation or whether it should be based on hourly rate – Leasehold Reform, Housing and Urban Development Act 1993, s60(1) Citations: … Continue reading Fitzgerald, Re Flat 3 49-51 Cheval Place: UTLC 10 Feb 2010
LEASEHOLD ENFRANCHISEMENT – Leasehold Reform, Housing and Urban Development Act 1993 s 60 – costs of intermediate landlord – reasonableness of costs – matters to be taken into account Citations: [2012] UKUT 215 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 May 2022; Ref: scu.462565
The tenants served a notice on the landlord to enfanchise their properties. The landlord’s counter-notice failed to state whether any estate management scheme existed. The tenants said the counter-notice was invalid. Held: The landlord’s appeal succeeded. The paragraph requiring the statement was a directory requirement, and a failure to comply did not invalidate the notice. … Continue reading 7 Strathay Gardens Ltd v Pointstar Shipping and Finance Ltd and Another: CA 15 Dec 2004
A headlessee can be a ‘qualifying tenant’ for the purposes of Chapters 1 and 2 of Part 1 of the 1993 Act. Citations: [1998] 2 EGLR 96 Statutes: Leasehold Reform, Housing and Urban Development Act 1993 101(3) Cited by: Cited – Earl Cadogan, Cadogan Estates Limited v Search Guarantees Plc CA 27-Jul-2004 The tenant of … Continue reading Crean Davidson Investments Ltd v Earl Cadogan: 1998
The claimant challenged a compulsory purchase order made under the 1993 Act on the grounds of underuse of properties in the area. Held: The respondent’s decision had been made on the basis that there was underuse of a ‘predominant number’ of properties. That phrase added an unlawful gloss to the statutory requirement and watered the … Continue reading Pascoe v First Secretary of State and others: Admn 27 Sep 2006
Leasehold enfranchisement – validity of notice Judges: Fancourt J Citations: [2018] WLR(D) 769, [2018] EWHC 3430 (Ch) Links: WLRD, Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 13(1) 101(1) Jurisdiction: England and Wales Landlord and Tenant Updated: 27 April 2022; Ref: scu.631384
Judges: Morgan J Citations: [2018] EWHC 1914 (Ch), [2018] WLR(D) 512 Links: Bailii, WLRD Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 26 April 2022; Ref: scu.621078
This appeal raises a question about the valuation provisions in the 1993 Act, and an issue about the construction of a lease. Citations: [2018] EWCA Civ 1704 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 25 April 2022; Ref: scu.620482
The court was concerned with the proper construction of section 1(4) of the 1993 Act in the context of a dispute about the nature of the rights which must be granted over a garden at the rear of the property. Judges: McCombe, Noylan, Asplin LJJ Citations: [2018] EWCA Civ 764 Links: Bailii Statutes: Leasehold Reform, … Continue reading The Corporation of Trinity House of Deptford Strond v 4-6 Trinity Church Square Freehold Ltd: CA 18 Apr 2018
LEASEHOLD ENFRANCHISEMENT – Procedure – LVT’s power to dismiss application not pursued – Improper exercise of discretion – Right of appeal – Party who ‘appeared’ before Tribunal – Leasehold Reform, Housing and Urban Development Act 1993, s.48 Citations: [2005] EWLands LRA – 29 – 2004 Links: Bailii Jurisdiction: England and Wales Land Updated: 09 April … Continue reading Uta De Campomar and Another v Trustees of the Pettiward Estate: LT 1 Mar 2005
Calculation of premium on obtaining new long lease under 1993 Act. Citations: [2018] WLR(D) 42, [2018] EWCA Civ 35 Links: WLRD, Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 04 April 2022; Ref: scu.604149
UTLC LEASEHOLD ENFRANCHISEMENT – flat – whether adjustments to be made for time, freehold/long leasehold interest, and ‘Act rights’ – market evidence v graphs – market evidence preferred – premiums determined at pounds 19,200 – Schedule 13, Leasehold Reform, Housing and Urban Development Act 1993 Citations: [2017] UKUT 494 (LC) Links: Bailii Jurisdiction: England and … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Re George Court: UTLC 29 Dec 2017
UTLC LEASEHOLD ENFRANCHISEMENT – lease extension – maisonettes – whether deferment rate should be increased by 0.25% to reflect an additional risk of deterioration – whether the Leasehold Reform, Housing and Urban Development Act 1993 confers any benefit in ‘unsophisticated’ West Midlands market – whether a discount should be made to the FHVP value to … Continue reading Midland Freeholds Ltd and Another, Appeals Against Decisions: UTLC 29 Dec 2017
Judges: Lord Justice Lewison Citations: [2020] EWCA Civ 1441 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 01 April 2022; Ref: scu.655568
LT LEASEHOLD ENFRANCHISEMENT – whether terms of acquisition other than premium agreed for purposes of Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13 para 1 – earlier decision of County Court on application under s 48(3) that no terms agreed – held that issue estoppel arose – terms other than premium agreed at … Continue reading Ellis and Another v Logothetis: LT 5 Dec 2000
UTLC LEASEHOLD ENFRANCHISEMENT – Flat – extended lease – premium – apportionment of premium between freeholder and head lessee – whether no-Act assumption restricted to appeal flat – probability of receiving profit income above a threshold level – definition of net receipts – valuation treatment of initial ground rent – section 56 and Schedule 13 … Continue reading Crown Estate Commissioners v Whitehall Court London Ltd, Re Whitehall Court: UTLC 20 Jul 2017
Judges: Gross, Moylan, LJJ, Asplin DBE J Citations: [2017] EWCA Civ 1098 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 28 March 2022; Ref: scu.591182
LEASEHOLD ENFRANCHISEMENT – costs – two adjoining flats held on similar terms – parties common to both flats – notices of claim deemed withdrawn – costs incurred by freeholder in connection with new leases – whether costs duplicated – s60(1) Leasehold Reform, Housing and Urban Development Act 1993 – appeal allowed in part Citations: [2017] … Continue reading Sloam and Another (Trustees of The JPT Pension Scheme), Re 395A and 397A, High Road: UTLC 4 May 2017
Judges: Morgan J Citations: [2007] EWHC 1776 (Ch) Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 23 March 2022; Ref: scu.258414
UTLC LEASEHOLD ENFRANCHISEMENT – COLLECTIVE ENFRANCHISEMENT – leases conferring revocable right to use garden – respondent offering revocable rights in lieu of acquisition of freehold of garden – competing requirements of permanence and equivalence – s.1(4)(a) Leasehold Reform, Housing and Urban Development Act 1993 [2016] UKUT 484 (LC) Bailii Leasehold Reform, Housing and Urban Development … Continue reading 4-6 Trinity Church Square Freehold Ltd v The Corporation of The Trinity House of Deptford Strond: UTLC 8 Nov 2016
UTLC LEASEHOLD ENFRANCHISEMENT – intermediate leasehold interest – flat and parking space held on separate leases and intermediate leases – division of landlord’s share of marriage value – para. 10(2), Sch 13, Leasehold Reform, Housing and Urban Development Act 1993 – s. 3, Human Rights Act 1998 – Art. 1 of the First Protocol to … Continue reading The Portman Estate Nominees (One) Ltd and Another v Starlight Headlease Ltd: UTLC 1 Nov 2016
UTLC LEASEHOLD ENFRANCHISEMENT – Premium – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13, Part II – unimproved freehold value – existing lease value – relativity – transactional evidence – relativity graphs – transactional evidence preferred – premium determined at andpound;21,908 [2016] UKUT 468 (LC) Bailii England and Wales Landlord and Tenant Updated: … Continue reading Mallory and Others v Orchidbase Ltd: UTLC 2 Nov 2016
The court considered a lessor’s counter-notice served under s.21 of the 1993 Act. HH Judge Dight had to construe s.99(1) of the 1993 Act which provides: ‘(1) Any notice required or authorised to be given under this Part – (a) shall be in writing; and (b) may be sent by post.’ Held: The use of … Continue reading Cowthorpe Road 1-1A Freehold Ltd v Wahedally: 2017
UTLC LEASEHOLD ENFRANCHISEMENT – premium payable in respect of new lease – three separate cases – freehold vacant possession value agreed in one case – decision as to freehold vacant possession values in the other two cases – the value of the existing leases with rights under the Leasehold Reform, Housing and Urban Development Act … Continue reading The Trustees of The Sloane Stanley Estate v Mundy: UTLC 10 May 2016
Jackson LJ [2016] EWCA Civ 256 Bailii Leasehold Reform, Housing and Urban Development Act 1993 England and Wales Landlord and Tenant Updated: 12 January 2022; Ref: scu.561607
UTLC Leasehold Enfranchisement – Flat – two-stage enfranchisement – Leasehold Reform, Housing and Urban Development Act 1993 – paragraph 14 of Schedule 6 – paragraph 5 of Schedule 13 – paragraph 5 of Schedule 6 – section 3 of the Human Rights Act 1998 – article 1 of the First Protocol to the European Convention … Continue reading Alice Ellen Cooper-Dean Charitable Foundation v Greensleeves Owners Ltd: UTLC 12 Jun 2015
UTLC LEASEHOLD ENFRANCHISEMENT – Collective Enfranchisement – Leasehold Reform, Housing and Urban Development Act 1993 section 1(4) – landlord’s counternotice offering grant of rights over additional land – counternotice also reserving rights to develop the additional land – construction of the leases regarding extent of lessees’ existing rights and lessor’s existing reservations over additional land … Continue reading Snowball Assets Ltd v Huntsmore House (Freehold) Ltd: UTLC 25 Jun 2015
UTLC LEASEHOLD ENFRANCHISEMENT – Flat – Leasehold Reform, Housing and Urban Development Act 1993 – grant of new lease – section 57(6) – modification of term of existing lease – lessee’s liability to service charge contribution on fixed percentage basis [2015] UKUT 288 (LC) Bailii England and Wales Landlord and Tenant Updated: 30 December 2021; … Continue reading Rossman v The Crown Estate Commissioners: UTLC 3 Jun 2015
UTLC LEASEHOLD ENFRANCHISEMENT – costs – whether freeholder can recover costs of managing agent in addition to those of solicitors and valuers in dealing with an enfranchisement notice – appeal allowed – First Tier Tribunal wrongly disallowed managing agents costs on the grounds the work could have been done by the freeholder without considering reasonableness … Continue reading Columbia House Properties (No3) Ltd v Imperial Hall Freehold Ltd: UTLC 3 Feb 2015
