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
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
UTLC LEASEHOLD ENFRANCHISEMENT – house – freehold enfranchisement price – whether LVT double counted a premium to reflect property’s location in value per square foot for the freehold – whether LVT failed to make allowance for development risk, planning risk and planning costs in assessing development value – Leasehold Reform Act 1967 s.9(1)(C) – appeal … Continue reading Jackson v The Free Grammar School of John Lyon: UTLC 18 Feb 2013
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
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
UTLC LEASEHOLD ENFRANCHISEMENT – costs – award of costs under section 9 of the Leasehold Reform Act 1967 – award of costs under rule 10 of The Tribunal Procedure (Upper Tribunal)) (Lands Chamber) Rules 2010 Citations: [2012] UKUT 131 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 01 November 2022; Ref: scu.460257
Houses/Flats – Enfranchisement, Lease Extensions and Compensation for Loss. Application to determine amount to be paid into court under section 9(1) of the 1967 Act. Citations: [2006] EWLVT LON – LV – HEL – 00BE – 0 Links: Bailii Statutes: Leasehold Reform Act 1967 9(1) 21 Jurisdiction: England and Wales Landlord and Tenant Updated: 16 … Continue reading 31 Tower Bridge Road – Southwark : London (Houses/Flats – Enfranchisement, Lease Extensions and Compensation for Loss): LVT 11 May 2006
Determination of price payable on lease enfranchisement Citations: [2005] EWLVT 524 Links: Bailii Statutes: Leasehold Reform Act 1967 21 9 Landlord and Tenant Updated: 11 September 2022; Ref: scu.439169
UTLC LEASEHOLD ENFRANCHISEMENT – houses – price – whether valuation to be carried out by the usual two-stage approach or in three stages including Haresign addition – held no objection in principle to three stages – appellant’s valuer fails to justify use of Sportelli generic rate by following previous guidance from Tribunal – appeals dismissed … Continue reading Freehold Properties Ltd, Re 42 Elmay Road: UTLC 11 Sep 2009
LEASEHOLD ENFRANCHISEMENT – Leasehold Reform Act 1967 section 9(1A), (1D) and Schedule 1 – enfranchisement by underlessee – unusual terms of head lease – calculation of marriage value – assessment of capitalisation and deferment rates. Citations: [2010] UKUT 69 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 18 August 2022; Ref: scu.415006
LT LEASEHOLD ENFRANCHISEMENT – house – price – disputed site value – standing house approach – cleared site approach – comparables – site value percentage – whether LVT correct to look at direct evidence of site value by reference to developable space – purchase price determined at pounds 437,000 – appeal dismissed – Leasehold Reform … Continue reading Tsiapkinis v Earl Cadogan: LT 25 Jan 2008
LEASEHOLD ENFRANCHISEMENT – house on Howard de Walden Estate – improvements – building agreement and lease – state of house when lease granted – whether any completion works – whether works part of bargain for grant of lease – price – restrictive covenants as to alterations, user and machinery – appeal dismissed – Leasehold Reform … Continue reading Moreau v De Walden: LT 30 Apr 2003
LEASEHOLD ENFRANCHISEMENT – house – land value and increased ground rent – freehold value at end of lease – appeal allowed – price pounds 625,750 – Leasehold Reform Act 1967, s9(1C) Citations: [2001] EWLands LRA – 11 – 2000 Links: Bailii Statutes: Leasehold Reform Act 1967 9(1C) Jurisdiction: England and Wales Landlord and Tenant Updated: … Continue reading Stein and Another v Trustees of Eyre Estate: LT 18 May 2001
Judges: Dillon LJ Citations: [1992] 1 EGLR 109 Statutes: Leasehold Reform Act 1967 2(1) Jurisdiction: England and Wales Cited by: Cited – Malekshad v Howard de Walden Estates Limited HL 5-Dec-2002 A house and an adjoining building had been first demised under one lease, then separated vertically. Two separate residential properties now existed. Held: The … Continue reading Malpas v St Ermin’s Property Ltd: CA 1992
Judges: Carnwath LJ Citations: [2007] EWCA Civ 1280 Links: Bailii Statutes: Leasehold Reform Act 1967 9 Jurisdiction: England and Wales Citing: Appeal from – Pitts and Another v Cadogan LT 28-Mar-2007 LT LEASEHOLD ENFRANCHISEMENT – preliminary issues -procedure – deferment rate and hope value – whether respondent on appeal entitled to seek addition for hope … Continue reading Cadogan v Pitts and Another: CA 4 Dec 2007
LT LEASEHOLD ENFRANCHISEMENT – preliminary issues -procedure – deferment rate and hope value – whether respondent on appeal entitled to seek addition for hope value – whether respondent entitled to seek higher price than LVT determined – held respondent entitled to seek addition for hope value but not entitled to seek higher price than that … Continue reading Pitts and Another v Cadogan: LT 28 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
The tenant served a notice of its desire to purchase the freehold. The landlord objected that the property was no longer a house as required under the Act, having become dilapidated and unoccupied. Held: The nature of the occupancy was to be tested as at the date of the issue of the notice and not … Continue reading Boss Holdings Ltd and Another v Grosvenor West End Properties Ltd: CA 21 Mar 2006
LT LEASEHOLD ENFRANCHISEMENT – house – terms of transfer – restrictive covenants – new building and alterations – Leasehold Reform Act 1967, ss 8(1), 10(4)(b)(i) and (5)(a) Citations: [2005] EWLands LRA – 2 – 2005 Links: Bailii Statutes: Leasehold Reform Act 1967 Jurisdiction: England and Wales Landlord and Tenant Updated: 04 July 2022; Ref: scu.234999
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
LT Leasehold Enfranchisement – Terms of transfer – Leasehold Reform Act 1967, s.10(4) – Covenant not to acquire rights – Section 23 – Material enhancement of value of landlord’s property. Citations: [2005] EWLands LRX – 32 – 2004 Links: Bailii Landlord and Tenant Updated: 30 June 2022; Ref: scu.225854
LT LEASEHOLD ENFRANCHISEMENT – price payable for freehold interest – valuation methodology – tenants’ improvements – treatment of development value – comparables – Leasehold Reform Act 1967 section 9(1A)(d) – appeal allowed in part – enfranchisement price andpound;1,941,655. Citations: [2004] EWLands LRA – 21 – 2002 Links: Bailii Landlord and Tenant Updated: 30 June 2022; … Continue reading Fattal and Another v Possessions Revenues and Goods of the Free Grammar School of John Lyon: LT 14 Jan 2004
LT LEASEHOLD ENFRANCHISEMENT – price payable for freehold interest – valuation methodology – tenants’ improvements – treatment of development value – comparables – Leasehold Reform Act 1967 section 9(1A)(d) – appeal allowed in part – enfranchisement price andpound;1,941,655. Citations: [2003] EWLands LRA – 21 – 2002 Links: Bailii Land Updated: 30 June 2022; Ref: scu.225781
LEASEHOLD ENFRANCHISEMENT – price payable for freehold of house – unimproved value – comparable sale – market movement between valuation date of subject property and sale of comparable – Leasehold Reform Act 1967 section 9 – appeal dismissed Citations: [2003] EWLands LRA – 33 – 2002 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant … Continue reading S F Holdings Inc (A Company) v Eyre Estate Trustees: LT 9 Jun 2003
LT LEASEHOLD ENFRANCHISEMENT – Price payable for acquisition of freehold – value attributable freeholder’s opportunity to receive insurance commissions – Leasehold Reform Act 1967 section 9 – Appeal dismissed. Citations: [2001] EWLands LRA – 53 – 2000 Links: Bailii Statutes: Leasehold Reform Act 1967 9 Jurisdiction: England and Wales Landlord and Tenant Updated: 30 June … Continue reading Caplin and Another v Bridge and Another: LT 22 Feb 2001
The plaintiff came to own two adjoining houses, let on long leases at low rents. She sought to use the legislation to enfranchise one property. The landlord objected saying that the houses had been used as guesthouses, and that a door had been opened up between them. They had come to be rated as one … Continue reading Wolf v Crutchley: ChD 23 Oct 1970
The tenant served a notice under the Act, but failed to include a full list of the previous linked leases. The landlord said the notice was invalid. Held: The error was not misleading. Such notices had to be viewed in the factual background. That would inform the landlord as necessary. To defeat such a notice … Continue reading Cadogan and Another v Strauss: CA 9 Feb 2004
Tenants served notices under the Act requiring information about the disposal of the freehold. The landlords objected that the notices were invalid in failing to give the tenants’ addresses as required under the Act. Held: The addresses were known or readily available to the landlord, and the notices were not invalid. The court could consider … Continue reading M25 Group Limited v Tudor and others: CA 4 Dec 2003
Work had been carried out by the leaseholders first to convert the property to multiple occupation, and subsequently back to single occupation. The tenant on exercising his right to purchase the freehold, claimed the cost shoud be reduced by the increase in value attributable to the conversion. Held: If the tenant increases the value of … Continue reading John Lyon’s Charity v Shalson: HL 12 Jun 2003
The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was resisted on the basis that there was more than one building as required by … Continue reading Malekshad v Howard De Walden Estates Limited: CA 23 May 2001
LEASEHOLD ENFRANCHISEMENT – dwellinghouse – price – whether correction certificate validly issued – held it had not – whether freehold to be valued in two stages or three – three stage approach held to be appropriate – capitalisation rate for modern ground rent – deferment rate – appeal allowed – price increased to pounds 12,600 … Continue reading Clarise Properties Ltd, Re Appeal Against Decision of Leasehold Valuation Tribunal: UTLC 17 Jan 2012
UTLC LEASEHOLD ENFRANCHISEMENT – house – price – condition – improvements – risk of tenant claiming Assured Tenancy- statutory assumptions – appeal allowed in part – Price determined at andpound;152,788 – Leasehold Reform Act 1967 section 9(1), Housing Act 1988 section 14(2)(b) and Landlord and Tenant Act 1954 Pt 1 Judges: P R Francis FRICS … Continue reading Sillvote Ltd v Liverpool City Council: UTLC 14 Jun 2010
UTLC LEASEHOLD ENFRANCHISEMENT – leasehold land adjacent to, and now incorporating, part of an extension to the appellant’s freehold home – value of landlord’s reversion after 50 year extension – marriage value – Leasehold Reform Act 1967 section (9)(1) – price determined at andpound;14,000 Citations: [2009]UKUT 130 (LC) Links: Bailii Statutes: Leasehold Reform Act 1967 … Continue reading Inglands, Lower Icknield Way, Buckland, Aylesbury, Bucks, Re: UTLC 15 Jul 2009
What is the true interpretation of section 9(1A)(d) of the Leasehold Reform Act 1967 – a counter-factual deeming provision for the valuation of the freeholder’s interest in a house and premises upon enfranchisement, requiring the price payable for that interest to be diminished by the extent to which its value has been increased by improvements … Continue reading Cadogan Holdings Ltd v Alberti: CA 13 Apr 2022
Tenants sought enfranchisement of their properties, but 75% of building consisted of a shop, and only 25% was living accomodation. Held: The tenants were entitled to buy the freehold. The question whether a building is a house ‘reasonably so called’ is one of law. The House made two particular points of general application on the … Continue reading Tandon v Trustees of Spurgeons Homes: HL 1982
LEASEHOLD ENFRANCHISEMENT – house – premium – whether three detached houses in Solihull had same growth rate as property in prime central London and should be valued using the Sportelli deferment rate without adjustment for greater risk of lower growth – whether adjustment to the deferment rate justified for obsolescence, volatility and/or illiquidity – section … Continue reading JGS Properties Ltd v King and Others: UTLC 19 Jun 2017
LEASEHOLD ENFRANCHISEMENT – costs – whether purchasing tenants liable to pay freeholder’s valuation fee incurred after application to FTT had been submitted – whether cost incurred in pursuance of tenant’s notice of claim – s.9(4)(e) Leasehold Reform Act 1967 Citations: [2017] UKUT 157 (LC) Links: Bailii Statutes: Leasehold Reform Act 1967 9(4)(e) Jurisdiction: England and … Continue reading Chung and Another v Towey (Leasehold Enfranchisement – Costs): UTLC 18 Apr 2017
LEASEHOLD ENFRANCHISEMENT – House – basis of valuation – alterations – appropriate day – change of identity – Leasehold Reform Act 1967, sections 1, 9 (1), 9 (1A) – Rent Act 1977, section 25 Citations: [2017] UKUT 74 (LC) Links: Bailii Statutes: Rent Act 1977 25, Leasehold Reform Act 1967 1 9 Jurisdiction: England and … Continue reading Clifton v Liverpool City Council: UTLC 17 Feb 2017
UTLC LEASEHOLD ENFRANCHISEMENT – purchase price – deferment rate – flat in Shepherd’s Bush – whether the risks regarding urban cycle and obsolescence justified departure from deferment rate suggested in Earl Cadogan v Sportelli – relativity of value of 72 year lease to the value of freehold – use of graphs – appeal dismissed [2015] … Continue reading Xue v Cherry and Another: UTLC 30 Nov 2015
UTLC LEASEHOLD ENFRANCHISEMENT – purchase price on enfranchisement – amendments introduced into s.9(1A) of Leasehold Reform Act 1967 by s.23(1) of Housing and Planning Act 1986 – s.23(3) providing that these amendments do not apply on a case (such as the present) where a s.14 notice of desire to have an extended lease was given … Continue reading London Sephardi Trust v John Lyon’s Charity: UTLC 19 Nov 2015
UTLC LEASEHOLD ENFRANCHISEMENT – price – rent review clause – whether reviewed rent to be a ‘modern ground rent’ s.15(2) Leasehold Reform Act 1967 – whether rent must be a ‘marketable’ rent – presumption of reality – alternative valuations agreed – appeal dismissed [2014] UKUT 394 (LC) Bailii Leasehold Reform Act 1967 15(2) England and … Continue reading Clarise Properties Ltd v Rees and Another: UTLC 14 Oct 2014
UTLC LEASEHOLD ENFRANCHISEMENT – purchase price – provision in lease for rent reviews – proper construction of rent review provisions – whether LVT in error in rejecting lessor’s argument that the reviewed rent should have been assessed in the same manner as a modern ground rent under section 15(2) Leasehold Reform Act 1967 – whether … Continue reading Plotnek v Govan: UTLC 8 Sep 2014
LEASEHOLD ENFRANCHISEMENT – price payable – Leasehold Reform Act 1967 section 9(1A) – assessment of an element required in the calculation of price namely the value at the valuation date of the existing lease on the statutory assumptions – relativity of that value to freehold vacant possession value – tenant relying upon evidence of a … Continue reading Kosta v Carnwath and Others: UTLC 2 Jul 2014
Tenants sought to purchase the freehold reversion of their properties under leasehold enfranchisement. The landlord objected that the forms were incomplete and invalid. The tenants accepted that there were defects, but asserted that these were not such as to invalidate the notices. Held: ‘[T]he better approach is to look at the particular statutory provisions pursuant … Continue reading Speedwell Estates Limited and Covent Garden Group Limited v Jane Rush Dalziel and others: CA 31 Jul 2001
The landlords resisted a claim for enfranchisement saying that the appellants were no longer tenants under section 42 of the 1993 Act, the lease having expired. The property was made up of five flats, and was not itself a house. Held: The tenant’s appeal was dismissed. Paragraph 5 of the schedule 12 of the 1993 … Continue reading Ackerman and Another v Lay and others (Portman Estate Nominees (One) Ltd): CA 16 Dec 2008
UTLC LEASEHOLD ENFRANCHISEMENT – flats and houses in prime central London – development potential – comparables – adjustments – valuation – development hope value – development value on reversion – appeals allowed in part – s. 9(1C) Leasehold Reform Act 1967 and s. 32 and Sch. 6 Leasehold Reform Housing and Urban Development Act 1993 … Continue reading John Lyon’s Charity v Alamouti: UTLC 28 Apr 2014
The Court considered the provisions for leasehold enfranchisement now that the residence requirement had been removed by the 2002 Act, and in particular the extent to which, at all, it had allowed enfranchisement to be available to commercial buildings. The properties raised two issues: (i) Were the buildings ‘designed or adapted for living in’? And … Continue reading Day and Another v Hosebay Ltd: SC 10 Oct 2012
Properties had been built as substantial single dwellings. Later they had been converted into separate dwellings and let accordingly. The tenants sought to acquire the freeholds under the 1967 Act. Though required by the lease to use the properties as private dwellings, they had been used as short term lets for tourists. The landlord now … Continue reading Day and Another v Hosebay Ltd; Lexgorge Ltd v Howard de Walden Estates Ltd etc: CA 1 Jul 2010
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French. Held: In establishing a system or regime to comply with a Convention obligation, a State may include within the system elements that are not strictly required … Continue reading Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2: ECHR 9 Feb 1967
The parties disputed whether a building was a house ‘reasonably so called’ within the 1987 Act. The instant building was designed or adapted for living in, and was divided horizontally into six flats or maisonettes, and included shops. Held: The appeal failed. The words ‘reasonably so called’ are intended to be words of limitation, so … Continue reading Magnohard Ltd v Cadogan and Another: CA 4 May 2012
A house and an adjoining building had been first demised under one lease, then separated vertically. Two separate residential properties now existed. Held: The vertical division meant that the two houses could not be enfranchised as one under the Act. The Act also provided that where a property had been divided in such a way … Continue reading Malekshad v Howard de Walden Estates Limited: HL 5 Dec 2002
UTLC LEASEHOLD ENFRANCHISEMENT- house – price – entirety value – investment and comparable methods – investment method acceptable subject to appropriate yield – site ratio – settlement evidence and cleared site evidence – 30% adopted – unexpired term – price determined at andpound;19,389 – section 9(1), Leasehold Reform Act 1967 – appeal allowed [2016] UKUT … Continue reading El-Gadhy and Another v Liverpool City Council: UTLC 21 Apr 2016
The tenant under a long lease sought enfranchisement. The landlord denied that it was a ‘house’ reasonably so called within the 1967 Act. The building had been constructed as a house, but was now substantially used as offices. They could only be used under the lease as to 11.5% for residential purposes, the remainder of … Continue reading Grosvenor Estates Ltd v Prospect Estates Ltd: CA 21 Nov 2008
The House considered the basis of valuation on an acquisition of the freehold reversion of a lease under the 1967 Act of the three elements, the rent, vacant possession after the lease, and the marriage or hope value of the two interests when merged, and particularly the last. Held: In relation to a valuation under … Continue reading Earl Cadogan v Pitts and Wang; Similar: HL 10 Dec 2008
The tenant sought to enfranchise the property under the 1967 Act. The freeholders replied that it was not a ‘house’ within the Act at the time of the notice. It had been built in the eighteenth century as a house, but the lower floors had been occupied for many years for business purposes. Recently it … Continue reading Boss Holdings Ltd v Grosvenor West End Properties and others: HL 30 Jan 2008
In each case all or part of a building was let by a head-lease and then as self-contained units under sub-leases. The head lessees had served notices under the 1993 Act requiring new leases. The freeholder denied that they were qualifying tenants, either because there were a number of flats, or because the lease included … Continue reading Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others: HL 25 Jun 2008
The parties owned properties part of a building estate. The properties had been held under leases, but those had been enfranchised. The question was as to how the easements granted by the leases were preserved on enfranchisement. A particular . .
The tenant gave notice to enfranchise his leasehold property. The landlord resisted saying it had been given after the tenancy had expired and also that it purported to include property not capable of enfranchisement.
Held: A notice which . .
LEASEHOLD ENFRANCHISEMENT – HOUSE – preliminary issue – disregard of tenant’s improvements – reality principle – house originally divided into five flats – tenant converting back to single house – planning permission for conversions no longer . .
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The building had been constructed in 1869. It was used as a house on three floors with a basement. The ground floor was later used as a shoe repairing shop and then as a betting shop with living accommodation still used for dwelling purposes in the . .
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
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
A basement extending under the house next door means that the property with the basement is not a not a dwelling-house for leasehold enfranchisement purposes. The result would create difficulties with flying freeholds. ‘The primary purpose of section 2(2) must have been to exclude from the operation of the Act houses in respect of which … Continue reading Duke of Westminster and Others v Birrane: CA 17 Nov 1994
In 1975 the tenant sought to exercise his right to purchase the freehold reversion of his property. The landlord argued that the rent payable precluded any such entitlement. Under the law as then understood, the landlord’s contention appeared correct. The leaseholder proceeded no further. In 1980 the law was clarified so as to indicate that … Continue reading Collin v Duke of Westminster: CA 1985
It was a requirement under the 1967 Act for the notice of a lessee, seeking to extend his interest under that Act, to indicate whether he was seeking the freehold or an extended lease. The tenant failed to do so. Held: This failure was fatal. Under the statutory scheme, the notice was designed to lead … Continue reading Byrnlea Property Investments Ltd v Ramsay: CA 1969
After dismissal of forfeiture case by consent, the lease is fully restored for the purposes of enfranchisement. Citations: Ind Summary 22-May-1995, Times 08-Mar-1995 Statutes: Leasehold Reform Act 1967 Part I Jurisdiction: England and Wales Landlord and Tenant Updated: 08 May 2022; Ref: scu.81579
The House left open the exact meaning of the phrase ‘material’ in the section noting that whether a part is material is an issue which must be largely factual and one of common sense. The legislative purpose of the rule that divisions of the building horizontally were to be disregarded lay in the difficulty, in … Continue reading Parsons v Trustees of Henry Smith’s Charity; Parson v Gage: HL 1974
The social policy underlying the 1967 Act is that ‘the land belongs in equity to the landowner and the house belongs in equity to the occupying leaseholder.’ Judges: Lord Denning MR Citations: (1973) 26 P and CR 191, (1973) 227 EG 1467 Statutes: Leasehold Reform Act 1967 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Official Custodian for Charities v Goldridge: CA 1973
The tenant owned two leasehold properties, which had been joined into one. The tenant sought enfranchisement of only one of the properties to avoid being blocked by the rateable value limit, and by 2(2). . .
