Search Results for: Landlord and Tenant Act 1967 9

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Scottish and Newcastle Plc v Raguz: ChD 11 Apr 2006

The defendant had taken assignments of the term of two underleases from the claimant, and then re-assigned them to a limited company with guarantors of the rent, and they in turn re-assigned the leases. The last company became insolvent. The landlord and the claimants and receivers agreed to look for a further assignee and therefore … Continue reading Scottish and Newcastle Plc v Raguz: ChD 11 Apr 2006

Cadogan v McGirk: CA 25 Apr 1996

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

In re Dulwich College Estate’s Application: 1974

The Court approved an estate management scheme under s19. Citations: (1974) 231 EG 845 Statutes: Leasehold Reform Act 1967 19 Jurisdiction: England and Wales Cited by: Cited – Kent and Another v Kavanagh and Another CA 2-Mar-2006 The parties owned properties part of a building estate. The properties had been held under leases, but those … Continue reading In re Dulwich College Estate’s Application: 1974

Henley and Another v Cohen: CA 2 May 2013

Dispute is about the right to enfranchise under the 1967 Act, which was exercisable in specified circumstances where a ‘building’ is subject to a long lease. The landlord said that the two-storey, long lease building in Palmers Green, which has a greetings card shop on the ground floor with a recently converted flat above, was … Continue reading Henley and Another v Cohen: CA 2 May 2013

Manchester City Council v Cochrane and Cochrane: CA 21 Dec 1998

The tenants held an introductory tenancy under the Act. The council sought possession, after giving notice, and after its review under the Act. The tenants objected, but the Council denied the right of the County Court to hear the objection, arguing that the court had no discretion but to order possession, that the right to … Continue reading Manchester City Council v Cochrane and Cochrane: CA 21 Dec 1998

Personal Representatives of W R Rees Davies Deceased v City of Westminster: CA 27 Aug 1998

Citations: [1998] EWCA Civ 1415 Statutes: Leasehold Reform Act 1967 Jurisdiction: England and Wales Citing: At Lands Tribunal – Rees-Davies v Lord Mayor and Citizens of the City of Westminster LT 31-Dec-1994 . . Leave to appeal – Personal Representatives of W R Rees-Davies Deceased v City of Westminster CA 7-May-1998 Application for leave to … Continue reading Personal Representatives of W R Rees Davies Deceased v City of Westminster: CA 27 Aug 1998

Sharpe v Duke Street Securities: 1987

The court considered an application for leasehold enfranchisement where a doorway had been constructed between the two ground-floor halls and the tenant of the two maisonettes occupied both together as his residence. Two residential units may constitute a single house although they were purpose-built for separate occupation and have always been in separate occupation, with … Continue reading Sharpe v Duke Street Securities: 1987

Garston and Others v Scottish Widows Fund and Life Assurance Society: CA 25 Jun 1998

The lease demised property ‘from the 24th day of June 1985 for a term of twenty years’ with a break clause requiring six month’s notice. The break notice was mistakenly calculated from the anniversary of the lease, not the anniversary of the term. At first instance, the lease was held not to have been validly … Continue reading Garston and Others v Scottish Widows Fund and Life Assurance Society: CA 25 Jun 1998

Cadogan and Another v Sportelli and Another: CA 25 Oct 2007

Appeals concerned with two preliminary issues, directed by the Lands Tribunal, to determine: (i) ‘the proper deferment rate to be applied to vacant possession value’; and (ii) ‘the proper valuation of any ‘hope value”. A further general issue has been raised as to the status of the Tribunal’s decision in relation to future cases in … Continue reading Cadogan and Another v Sportelli and Another: CA 25 Oct 2007

Midland 186: LVT 14 Nov 2002

(1967 Act Decisions) Citations: [2002] EWLVT 186 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 14 November 2022; Ref: scu.439446

Signet Group Plc v Hammerson UK Properties Plc: CA 9 Dec 1997

An application was made for a new tenancy within the four month period prescribed by section 29(3) of the LTA. The applicants named in error in the application were ‘Signet Group plc’ and not ‘Ernest Jones Ltd’. Hammerson had not been misled and was in no reasonable doubt as to the identity of the person … Continue reading Signet Group Plc v Hammerson UK Properties Plc: CA 9 Dec 1997

Westmacott and Others v Ackerman: UTLC 20 Nov 2012

UTLC LEASEHOLD ENFRANCHISEMENT – houses converted to flats – price payable for freehold – whether valuation must assume a sale of freehold reversion on the valuation date – held that it must – yield to be adopted for valuation on investment basis – relativity – appeal dismissed – Leasehold Reform Act 1967 s9(1A) Citations: [2012] … Continue reading Westmacott and Others v Ackerman: UTLC 20 Nov 2012

Clarke and Others, Re Ballinger Hill House: UTLC 10 Jul 2012

UTLC LEASEHOLD ENFRANCHISEMENT – enfranchisement of house – missing landlord and missing 400 year lease – appropriate sum under section 27(5) Leasehold Reform Act 1967 – whether property landlocked – whether new right of way had arisen over separate freehold property owned by the enfranchising tenants. Citations: [2012] UKUT 226 (LC) Links: Bailii Jurisdiction: England … Continue reading Clarke and Others, Re Ballinger Hill House: UTLC 10 Jul 2012