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 – costs – two adjoining flats held on similar terms – parties common to both flats – notices of claim deemed withdrawn – costs incurred by freeholder in connection with new leases – whether costs duplicated – s60(1) Leasehold Reform, Housing and Urban Development Act 1993 –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
UTLC LEASEHOLD ENFRANCHISEMENT- Costs incurred in connection with new lease to be paid by the tenant – Leasehold Reform Housing and Urban Development Act 1993 s.60 – whether recoverable costs include solicitors’ fees in relation to landlord’s counter-notice and instructing a valuer – consideration of possibility of landlord negotiating a quantum discount with solicitor where … Continue reading Sinclair Gardens Investments (Kensington) Ltd v Wisbey: UTLC 12 May 2016
UTLC LEASEHOLD ENFRANCHISEMENT – COSTS – in-house solicitor engaged in responding to seven near identical claims – whether hourly rate for solicitor in private practice applicable – appropriate rate – whether fee recoverable for solicitor to instruct valuer and consider valuation s.60 Leasehold Reform. Housing and Urban Development Act 1993 – appeal allowed [2015] UKUT … Continue reading Sidewalk Properties Ltd v Twinn and Others: UTLC 10 Mar 2016
UTLC LANDLORD AND TENANT – leasehold enfranchisement – reasonable costs – in-house solicitor – hourly charging rate – value of work undertaken – section 60 Leasehold Reform Housing and Urban Development Act 1993 – Appeal allowed [2013] UKUT 0362 (LC) Bailii Leasehold Reform Housing and Urban Development Act 1993 60 England and Wales Landlord and … Continue reading Arora Re Maud Road: UTLC 30 Jul 2013
UTLC LANDLORD AND TENANT – leasehold enfranchisement – costs – Leasehold Reform Housing and Urban Development Act 1993, section 60 – absence of client care letter – refusal to admit additional evidence – VAT on . .
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
The Defendant relied on Section 7 of the 1978 Act to support of its contention that it had served on the Claimant a counter-notice under Section 45 Leasehold Reform (Housing and Urban Development) Act 1993 (‘the 1993 Act’). The Claimant contended that Section 7 allowed him to prove on the facts that the counter-notice had … Continue reading Calladine-Smith v Saveorder Ltd: ChD 5 Jul 2011
Assessment of Costs Under Section 60 of The Leasehold Reform Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – OT – LON – 0 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 October 2022; Ref: scu.626858
Application under section 91 (2) (d) of the leasehold reform housing and urban development act 1993 to determine the costs payable under section 60 of the Landlord and Tenant Act 1993 Citations: [2015] UKFTT RP – LON – 00AK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 October 2022; Ref: scu.626896
Determination of Costs Payable Under S60 of The Leasehold Reform Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 16 October 2022; Ref: scu.626870
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
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
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
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
Assessment of costs under section Type of Application 60(1) of the Leasehold Reform Housing and Urban Development Act 1993 Citations: [2014] UKFTT RP – LON – 00BJ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 June 2022; Ref: scu.630506
Citations: [2015] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 09 June 2022; Ref: scu.627039
Application under section 91 (2)(d) of the leasehold reform housing and urban development act 1993 to determine the costs payable under section 60 Citations: [2015] UKFTT RP – LON – 00BF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627041
Application for the determination of reasonable costs pursuant to sections 60 of the leasehold reform housing and urban development act 1993 Citations: [2015] UKFTT RP – LON – 00BC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627001
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
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development contributing funds locally, and that such was not capable of being … Continue reading Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019
The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development. Held: The appeal failed. Approved strategic development plans and their supplementary guidance are of substantial importance to planning decisions. A planning obligation may be entered … Continue reading Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited: SC 25 Oct 2017
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
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
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
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 – Premium – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13, Part II – terms of new lease – unimproved freehold value – gross internal area basis preferred – deferment rate – Sportelli rate of 5% preferred – relativity following Sloane Stanley and Ors v Mundy and Ors – RICS … Continue reading Denholm v Stobbs: UTLC 20 Jun 2016
The company appealed against a refusal to refund Stamp Duty Land Tax in respect of two land transactions. They claimed entitlement to full relief as an enfanchisement. The initial notices had been given by an incorrectly formed RTE company. Though the property had been purchased by a compliant company, the notices were said to remain … Continue reading Elizabeth Court (Bournemouth) Ltd v HM Revenue and Customs: ChD 16 Oct 2008
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
