Search Results for: Leasehold Reform Act 1967

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Clarise Properties Ltd, Re Appeal Against Decision of Leasehold Valuation Tribunal: UTLC 17 Jan 2012

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

Chung and Another v Towey (Leasehold Enfranchisement – Costs): UTLC 18 Apr 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

Acts

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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

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

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

Jackson v The Free Grammar School of John Lyon: UTLC 18 Feb 2013

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

Earl Cadogan, Cadogan Estates Limited v Search Guarantees Plc: CA 27 Jul 2004

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

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

Duke of Westminster and Others v Birrane: CA 17 Nov 1994

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