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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

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

31 Tower Bridge Road – Southwark : London (Houses/Flats – Enfranchisement, Lease Extensions and Compensation for Loss): LVT 11 May 2006

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

Tsiapkinis v Earl Cadogan: LT 25 Jan 2008

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

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 Arbib v Earl Cadogan: LT 15 Sep 2005

Inglands, Lower Icknield Way, Buckland, Aylesbury, Bucks, Re: UTLC 15 Jul 2009

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

El-Gadhy and Another v Liverpool City Council: UTLC 21 Apr 2016

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

Freehold Properties Ltd, Re 42 Elmay Road: UTLC 11 Sep 2009

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

Sillvote Ltd v Liverpool City Council: UTLC 14 Jun 2010

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

Custins v Hearts of Oak Benefit Society: LT 1969

The tribunal was asked to value a freehold on the tenant seeking to acquire the reversion under the 1967 Act. Held: The actual tenant could be treated as being in the market as a potential purchaser of the freehold when assessing a price payable under section 9(1). Citations: (1969) 209 EG 239 Statutes: Leasehold Reform … Continue reading Custins v Hearts of Oak Benefit Society: LT 1969

JGS Properties Ltd v King and Others: UTLC 19 Jun 2017

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

Earl Cadogan v Pitts and Wang; Similar: HL 10 Dec 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

Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others: HL 25 Jun 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