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 . .
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
Citations: [2001] EWCA Civ 1451 Links: Bailii Statutes: Leasehold Reform Act 1967 9(1A)(d) Jurisdiction: England and Wales Landlord and Tenant Updated: 11 October 2022; Ref: scu.218319
Section 9(1A) of the 1967 Act makes no express reference to a ‘willing buyer’, but it is implied by the assumption of a sale in the ‘open market’. Judges: Fox LJ Citations: [1987] 1 EGLR 132 Statutes: Leasehold Reform Act 1967 9(1A) Jurisdiction: England and Wales Cited by: Cited – Earl Cadogan v Pitts and … Continue reading Dennis and Robinson Ltd v Kiossos Establishment: CA 1987
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
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
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
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
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
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
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
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
