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 . .
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
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 – 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