Citations: [2015] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 09 June 2022; Ref: scu.627039
Citations: [2015] UKFTT RP – LON – 00AZ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 June 2022; Ref: scu.627109
Citations: [2015] UKFTT RP – LON – 00BC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 June 2022; Ref: scu.627007
Citations: [2015] UKFTT RP – LON – 00AK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.627097
UTLC LANDLORD AND TENANT – leasehold enfranchisement – costs – Leasehold Reform Housing and Urban Development Act 1993, section 60 – absence of client care letter – refusal to admit additional evidence – VAT on . .
Application Under S48 Leasehold Reform Housing and Urban Development Act 1993 . .
The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of other premises’. Held: Judge Marshall said … Continue reading Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007
Determination of costs to be paid under S33 (1) leasehold reform housing and urban development act 1993 – application under S91 (2) (D) of the act Citations: [2015] UKFTT RP – LON – 00BH – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 27 November 2022; Ref: scu.626899
Citations: [1998] EWCA Civ 249 Statutes: Leasehold Reform Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 14 November 2022; Ref: scu.143727
Application Under Sections 50 and 51 of The Leasehold Reform Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – OT – LON – 0 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 22 October 2022; Ref: scu.626981
Grant of New Lease (Section 48 Leasehold Reform Housing and Urban Development Act 1993) Citations: [2015] UKFTT RP – LON – 00AC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.626988
Lease Extension S24 Leasehold Reform Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.626871
Determination of terms of new lease purchase under section 51 of the leasehold reform housing and urban development act 1993 Citations: [2015] UKFTT RP – GM – LON – 0 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.626866
Application for determination of terms of acquisition – S24 Leasehold reform Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – LON – 00AZ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.626865
Assessment of Costs Under Section 60 of The Leasehold Reform Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – OT – LON – 0 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 October 2022; Ref: scu.626858
Application under section 91 (2) (d) of the leasehold reform housing and urban development act 1993 to determine the costs payable under section 60 of the Landlord and Tenant Act 1993 Citations: [2015] UKFTT RP – LON – 00AK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 October 2022; Ref: scu.626896
Application under section 48 of the leasehold reform Housing and Urban development Act 1993 to determine the premium Citations: [2015] UKFTT RP – BG – LON – 0 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 October 2022; Ref: scu.626901
Section 48 Leasehold Reform Housing and Urban Development Act 1993 – To Determine Terms of Acquisition In Dispute Citations: [2015] UKFTT RP – LON – 00AE – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 October 2022; Ref: scu.626842
Under section 26 of the leasehold reform housing and urban development act 1993 seeking a determination of the terms of the transfer of the freehold Citations: [2015] UKFTT RP – LON – 00AE – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 October 2022; Ref: scu.626847
Determination of Costs Payable Under S60 of The Leasehold Reform Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 16 October 2022; Ref: scu.626870
Section 391, (D) of The Leasehold Reform Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – LON – 00BJ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 16 October 2022; Ref: scu.626891
S50 Leasehold Reform Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – LON – 00BA – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 15 October 2022; Ref: scu.626898
The claimants sought the enfranchisement of their properties in London. The freeholder claimed the benefit of the resident landlord exemption. Held: To succeed in the defence the freeholder had to establish one continuous interest by ‘the same person’ from the time when the property was converted into flats until the time of the enfranchisement application. … Continue reading Slamon v Planchon: CA 25 Jun 2004
Citations: [2001] EWCA Civ 956, [2001] 25 EGCS 158, [2002] L and TR 10 Links: Bailii Statutes: Leasehold Reform Housing and Urban Development Act 1993 24 Jurisdiction: England and Wales Landlord and Tenant Updated: 29 September 2022; Ref: scu.218257
The landlord challenged the right of the tenants to acquire the freehold. Lessees had been subdivided the apartments and then, without the landlord’s consent, assigned them. The new arrangement had increased the number of qualifying tenancies so as to create a right to enfranchisement. The landlord said this was artificial, and having been done without … Continue reading Smith and Another v Jafton Properties Ltd: CA 2 Nov 2011
Leases and Licenses – direction to refuse application for registration of lease – void under 19(1) Citations: [2005] EWLandRA 2004 – 0953 Links: Bailii Statutes: Leasehold Reform Housing and Urban Development Act 1993 19(1) Registered Land Updated: 02 September 2022; Ref: scu.429536
UTTC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – acquisition of land and rights – acquisition of leasehold interests – interpretation – nominee purchaser with right to acquire leasehold interest – whether required to acquire totality of leasehold interest – whether entitled to chose to acquire only part of leasehold interest – appeal allowed – Leasehold Reform … Continue reading Hemphurst Ltd v Durrels House Ltd: UTTC 5 Jan 2011
Leasehold Reform Housing and Urban Development Act 1993 (Missing Landlord) Citations: [2015] UKFTT RP – CHI – 45UG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 27 August 2022; Ref: scu.626966
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – Leasehold Reform Housing and Urban Development Act 1993 Section 24 – whether agreement reached as to part of purchase price deprived LVT of jurisdiction to determine that element of the price – Schedule 9 paragraphs 2 and 4 – application of mandatory leaseback provisions – should the leaseback … Continue reading Westminster v Ch2006 Ltd: UTLC 17 Sep 2009
Assessment of costs under section 33 of the Leasehold Reform housing and urban development act 1993 Citations: [2015] UKFTT RP – OT – LON – 0 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 18 August 2022; Ref: scu.626949
The tenants gave a notice seeking to exercise their right to acquire the freehold building. The landlord challenged the validity of the notice saying that for a company tenant, the notice had been signed only by a director using his own name with the word ‘Director’. Held: Sections 99(5) and 13 made a distinction between … Continue reading Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd: CA 30 Mar 2010
Sections 26 and 27 of the leasehold reform housing and urban development act 1993 Citations: [2015] UKFTT RP – LON – 00AG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 08 August 2022; Ref: scu.626888
Tenants of a block of flats sought enfranchisement. The landlord said the notices were defective in that the office copies supplied did not show the entitlement of the persons giving notice at the relevant time. Held: The scheme for collective enfranchisement must apply with equal rigour to unregistered and registered land. The consequence of non-compliance … Continue reading Raymere Ltd v Belle Vue Gardens Ltd: CA 17 Jul 2003
Gibson LJ said: ‘it is not in dispute that the purpose of section 99(5) in requiring the tenant himself to sign it and not allowing an agent to do so, must have been so that the tenant really knew what he was doing.’ Judges: Dyson, Jacob LJJ, Sir Peter Gibson Citations: [2007] EWCA Civ 1555, … Continue reading Cascades and Quayside Ltd v Cascades Freehold Ltd: CA 6 Dec 2007
A notice signed by one director of a corporate tenant was not sufficient to satisfy the statutory requirement for a section 13 notice. Judges: Judge Reid QC Citations: [2007] LandTR 15 Statutes: Leasehold Reform Housing and Urban Development Act 1993 13 Jurisdiction: England and Wales Landlord and Tenant Updated: 07 July 2022; Ref: scu.432936
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – preliminary issue – Leasehold Reform Housing and Urban Development Act 1993 Section 24 – Leasehold Valuation Tribunals (Procedure) (England) Regulations 2003 – Application by nominee purchaser under Section 24(1) to Leasehold Valuation Tribunal – Application identifying price and costs as terms in dispute but omitting to identify any other … Continue reading Sinclair Gardens Investments Kensington Ltd v Eardley Crescent No 75 Ltd: LT 7 Jul 2006
Whether notice valid. Citations: [2002] EWCA Civ 1586 Links: Bailii Statutes: Leasehold Reform Housing and Urban Development Act 1993 33 Jurisdiction: England and Wales Landlord and Tenant Updated: 01 July 2022; Ref: scu.217776
Assessment of costs under section Type of Application 60(1) of the Leasehold Reform Housing and Urban Development Act 1993 Citations: [2014] UKFTT RP – LON – 00BJ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 June 2022; Ref: scu.630506
Acquisition of freehold (section 13 Leasehold Reform Housing and Urban Development Act 1993) Missing landlord Citations: [2015] UKFTT RP – LON – 00AY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627133
To determine the premium payable for the grant of new lease under part 1 of the leasehold reform housing and urban development act 1993) (17 November 2015 Citations: [2015] UKFTT RP – LON – 00AF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627017
Absentee landlord – determination of premium payable for a new lease pursuant to the leasehold reform housing and urban development act 1993 Citations: [2015] UKFTT RP – MR – LON – 0 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627020
Absentee landlord – determination of premium payable for new leases sections 26 and 27 leasehold reform housing and urban development act 1993 Citations: [2015] UKFTT RP – LON – 00AQ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627052
Application under section 91 (2)(d) of the leasehold reform housing and urban development act 1993 to determine the costs payable under section 60 Citations: [2015] UKFTT RP – LON – 00BF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627041
Section 51 leasehold reform housing and urban development act 1993 – determination of the appropriate sum and new lease terms Citations: [2015] UKFTT RP – LON – 00AZ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627008
Application for the determination of reasonable costs pursuant to sections 60 of the leasehold reform housing and urban development act 1993 Citations: [2015] UKFTT RP – LON – 00BC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627001
A case went from the leasehold valuation tribunal, where there was no jurisdiction to award costs, to the Lands Appeal Tribunal where the Tribunal awarded costs against the applicant, and again to the High Court where the landlord sought to enforce the costs award. The tenant argued that the LAT had no power to award … Continue reading Lionel Goldstein v Ron Conley (2): CA 21 Jun 2001
A notice claiming a right to acquire new lease, but which specified a nominal rent when a full rent and premium was clearly expected to be paid, was not a valid notice and would be set aside. Citations: Gazette 25-Nov-1998 Statutes: Leasehold Reform Housing and Urban Development Act 1993 42 Jurisdiction: England and Wales Landlord … Continue reading Cadogan v Morris: CA 25 Nov 1998
Patten, Sales, David Richards LJJ [2016] EWCA Civ 1176, [2016] WLR(D) 633 Bailii, WLRD Leasehold Reform Housing and Urban Development Act 1993 England and Wales Landlord and Tenant Updated: 26 January 2022; Ref: scu.571936
UTLC LEASEHOLD ENFRANCHISEMENT- Costs incurred in connection with new lease to be paid by the tenant – Leasehold Reform Housing and Urban Development Act 1993 s.60 – whether recoverable costs include solicitors’ fees in relation to landlord’s counter-notice and instructing a valuer – consideration of possibility of landlord negotiating a quantum discount with solicitor where … Continue reading Sinclair Gardens Investments (Kensington) Ltd v Wisbey: UTLC 12 May 2016
Jackson, McCombe LJJ, Sir Colin Rimer [2015] EWCA Civ 1294 Bailii Leasehold Reform Housing and Urban Development Act 1993 England and Wales Landlord and Tenant Updated: 08 January 2022; Ref: scu.557091
UTLC LEASEHOLD ENFRANCHISEMENT – intermediate leasehold interest – power of competent landlord to bind immediate landlord notwithstanding separate representation of immediate landlord – section 40(2) Leasehold Reform Housing and Urban Development Act 1993 [2014] UKUT 486 (LC) Bailii Leasehold Reform Housing and Urban Development Act 1993 40(2) England and Wales Landlord and Tenant Updated: 04 … Continue reading Howard De Walden Estates Ltd v Accordway Limited and Another: UTLC 28 Oct 2014
Service on a solicitor who does not have authority to accept service of the particular notice on behalf of his client is not valid service on that party. [2007] EWCA Civ 388, [2007] L and TR 28 Bailii Leasehold Reform Housing and Urban Development Act 1993, Landlord and Tenant Act 1987 48 England and Wales … Continue reading Glen International Ltd v Triplerose Ltd: CA 23 Mar 2007
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – initial notice not registered against freehold title – freehold transferred by registered proprietor to his wife and subsequently transferred back to him – whether initial notice ceased to have effect – price agreed unconditionally – whether open to reversioner to resile from agreement before all other terms finally … Continue reading Curzon v Wolstenholme and Others: UTLC 15 Apr 2015
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
Goldring, McCombe LJJ, Sir Stanley Burnton [2014] EWCA Civ 27 Bailii Leasehold Reform Housing and Urban Development Act 1993 48(3) 49(1) England and Wales Landlord and Tenant Updated: 28 November 2021; Ref: scu.520101
UTLC LANDLORD AND TENANT – leasehold enfranchisement – reasonable costs – in-house solicitor – hourly charging rate – value of work undertaken – section 60 Leasehold Reform Housing and Urban Development Act 1993 – Appeal allowed [2013] UKUT 0362 (LC) Bailii Leasehold Reform Housing and Urban Development Act 1993 60 England and Wales Landlord and … Continue reading Arora Re Maud Road: UTLC 30 Jul 2013
The claimants appealed against rejection of their claim in negligence said to have been out of time. They had set out to sublet flats but their mistiming disallowed reclaiming of certain rents under the 1993 Act. Held: The two flats were to be considered seperately, and on that basis the claim under the second had … Continue reading St Anselm Development Company Ltd v Slaughter and May: ChD 1 Feb 2013
The tenant occupied a flat under a long lease at a low rent. She was entitled to acquire the freehold on payment of a premium and after following the procedure under the Act. The landlord served a purported counter notice which did not state in . .
The tenants of a block of flats issued a notice wanting to purchase the freehold at a price. The landlord failed to serve the appropriate counter-notice, and the tenants applied to court. The landlord asked the court to exercise its discretion to . .
A signature by an agent appointed under a power of attorney did not satisfy the statutory requirement of signature by the tenant on a section 13 notice. . .
The court was asked whether a caretaker’s flat was within the ‘common parts’ of the relevant premises for the purposes of Part I of the 1993 Act. . .
‘This case concerns the proper interpretation of certain provisions of that [1993 Act] regime when after a claim to collective enfranchisement has been made and registered, the freeholder grants a 999 year lease of a part of the premises. In a thorough and thoughtful judgment in the Central London County Court, HH Judge Marshall QC … Continue reading Cadogan v Panagopoulos and Another: ChD 15 Mar 2010
The claimants challenged the validity of compulsory purchase orders for their land. Judges: Goldring J Citations: [2007] EWHC 959 (Admin) Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 158(1) Jurisdiction: England and Wales Land, Housing Updated: 20 December 2022; Ref: scu.251575
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
LT COLLECTIVE ENFRANCHISEMENT – Leasehold Reform, Housing and Urban Development Act 1993 section 33 – costs of enfranchisement – procedural defect in LVT reducing costs claimed by reversioner by reference to a matter which was not in dispute between the parties. Citations: [2007] EWLands LRA – 184 – 2006 Links: Bailii Statutes: Leasehold Reform, Housing … Continue reading Stoll Construction Ltd v Colclough and others: LT 4 Jul 2007
LEASEHOLD ENFRANCHISEMENT – maisonette – premium for grant of new lease – use of LVT’s own expertise as expert tribunal – value of improvements – use of single house price index rejected – price determined at pounds 12,121 – Leasehold Reform, Housing and Urban Development Act 1993, Sch. 13 Citations: [2007] EWLands LRA – 28 … Continue reading Re Elmbirch Properties Plc: LT 17 Jan 2007
The tenant had served a notice to purchase the freehold of the premises at pounds 100.00, a formal nominal figure. The landlord claimed that the notice was invalid. Held: The process was one of compulsory purchase. ‘The tenant is required to specify the premium that he proposes to pay. He did not do so; he … Continue reading Cadogan Estates Limited v Morris: CA 4 Nov 1998
Citations: [2007] EWHC 2963 (Ch) Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 43(3) Jurisdiction: England and Wales Landlord and Tenant Updated: 23 November 2022; Ref: scu.341754
The Defendant relied on Section 7 of the 1978 Act to support of its contention that it had served on the Claimant a counter-notice under Section 45 Leasehold Reform (Housing and Urban Development) Act 1993 (‘the 1993 Act’). The Claimant contended that Section 7 allowed him to prove on the facts that the counter-notice had … Continue reading Calladine-Smith v Saveorder Ltd: ChD 5 Jul 2011
Appeal relating to a claim for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 in respect of a residential development in London Judges: Mrs Justice Falk Citations: [2020] EWHC 920 (Ch) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.650194
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
LT LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – status of appellant as witness – deferment rate – marriage value – whether participating tenants’ interests to be valued without Act rights – caretaker’s flat – whether intermediate lessee entitled to charge rent for this – held Act rights to be left out of account and no right … Continue reading Mchale v Cadogan: LT 30 Oct 2008
UTLC LEASEHOLD ENFRANCHISEMENT – flats – premiums for extended leases – capitalisation rate – discount for onerous ground rent terms – Leasehold Reform, Housing and Urban Development Act 1993, Schedule 13 Part I – appeal dismissed Judges: Lindblohm P, Rose FRICS Citations: [2012] UKUT 391 (LC) Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development … Continue reading CA Trott (Plant Hire) Ltd v Humble and Others: UTLC 29 Oct 2012
The tenant appealed against an order requiring the amendment of what was found to be an obvious error in the lease as to the responsibility of the lessor to make repairs to certain walls and rooves, and the apportionment of liability for payment of any associated costs. Held: The appeal succeeded. There was no obvious … Continue reading Campbell v Daejan Properties Ltd: CA 20 Nov 2012
Citations: [2012] EWCA Civ 1174 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 04 November 2022; Ref: scu.463817
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – common parts – valuation – parking as a potential incidental to vehicular rights of way – right to stop and load as a potential incidental to vehicular rights of way – valuation taking account of this – appeal dismissed – Leasehold Reform, Housing and Urban Development Act 1993 … Continue reading Sinclair Garden Investments Ltd v 2 Medina Villas (Hove) Ltd: UTLC 29 May 2012
Judges: Lord Justice Lewison Citations: [2020] EWCA Civ 371 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 03 November 2022; Ref: scu.648855
Application for purchase of freehold of flats by purchaser nominated by leaseholders. Citations: [2007] EWCA Civ 6, [2007] 1 EGLR 67, [2007] 2 All ER 116, [2007] 2 P and CR 1, [2007] L and TR 14, [2007] Ch 187, [2007] 2 WLR 185, [2007] 11 EG 162, [2007] 5 EG 306 Links: Bailii Statutes: … Continue reading Cawthorne and others v Hamdan: CA 24 Jan 2007
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – land and rights – whether land over which tenants have common rights should be transferred to nominee purchaser or permanent rights granted – power of LVT to order transfer of land where permanent rights offered by landlords – price – whether addition should be made for prospective value of … Continue reading Lynari Properties Ltd v Shortdean Place (Eastbourne) Residents Association Ltd: LT 5 Aug 2003
Application for determination of reasonable costs – flats and premises – section 91 (2)(d) leasehold and reform housing and urban development act 1993 Citations: [2015] UKFTT RP – LON – 00AZ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 16 October 2022; Ref: scu.626914
The landlord sought a declaration as to the invalidity of a s42 notice. Citations: [2002] EWCA Civ 790 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 42 Jurisdiction: England and Wales Landlord and Tenant Updated: 11 October 2022; Ref: scu.217254
The court was asked short point of statutory construction about the meaning of the phrase ‘a self-contained part of a building’ in sections 3 and 4 of the 1993 Act: ‘e only point taken by the defendant freeholder, Craftrule Ltd (‘Craftrule’), in resisting the enfranchisement claim is that the Property comprises two parts, consisting of … Continue reading Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd: ChD 27 May 2010
Appeal from assessment of compensation on enfranchisement – fixing of correct date Citations: [2002] EWCA Civ 1372, [2002] 45 EG 155 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Citing: See Also – West Hampstead Management Company Ltd v Pearl Property Ltd CA 10-Jul-2002 Solicitors’ application to be … Continue reading West Hampstead Management Company Ltd v Pearl Property Ltd: CA 26 Jul 2002
LEASEHOLD ENFRANCHISEMENT – DEVELOPMENT POTENTIAL – property purchased at auction four months before valuation date – enfranchisement premium determined at less than a third of auction price – sufficiency of FTT’s reasons – whether FTT bound to adopt auction price as market value – s.24, Leasehold Reform, Housing and Urban Development Act 1993 – appeal … Continue reading Properties AY and U Ltd v Barham House Freehold Ltd: UTLC 18 Aug 2022
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – terms of contract – whether term requiring transfer of property in same physical state as at the date of valuation should be imposed – held it should not – intermediate leasehold interest – whether owner entitled to share in marriage value – held it was – whether enhancement … Continue reading Themeline Ltd v Vowden Investments Ltd: UTLC 20 Apr 2011
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – premium payable – power of Upper Tribunal to correct a clerical mistake or error arising from an accidental slip or omission by the LVT – whether in determining the terms of acquisition under Leasehold Reform, Housing and Urban Development Act 1993 the Tribunal has power to order the … Continue reading Cadogan v Cadogan Square Properties Ltd: UTLC 16 Feb 2011
UTLC LEASEHOLD REFORM – collective enfranchisement – price payable – whether hope value in respect of non-participating flats including caretaker’s flat – relativity – use of graphs or adjustment to market comparables to allow for benefit of Act – effect of user restriction upon rental value of caretaker’s flat – assessment of valuation evidence and … Continue reading Cadogan and Another v Cadogan Square Ltd: UTLC 21 Apr 2011
Judges: Lord Justice Lewison Citations: [2019] EWCA Civ 1848 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 06 September 2022; Ref: scu.643099
The court was asked to construe the phrase ‘a self- contained part of a building’ in the 1993 Act. Judges: Smith LJ Citations: [2011] EWCA Civ 185 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 3 4 Jurisdiction: England and Wales Landlord and Tenant Updated: 03 September 2022; Ref: scu.430046
Judges: Arden, Elias, Pitchford LLJ Citations: [2010] EWCA Civ 1471 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Sch ^ Jurisdiction: England and Wales Landlord and Tenant Updated: 31 August 2022; Ref: scu.427370
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – whether price enhanced by value potentially available from a reconversion of the relevant building into a single house – extent of the additional value potentially realisable from such a reconversion – extent of risks regarding ability to obtain vacant possession and carry out such redevelopment including whether planning … Continue reading 31 Cadogan Square Freehold Ltd v Cadogan: UTLC 16 Sep 2010
A notice said to have been given under section 13 of the 1993 Act to claim for to collective enfranchisement was invalid in that it failed to meet the requirements of section 13(3)(e). The notice failed properly to identify all the qualifying tenants and their addresses in the property. Judges: Sir Terence Etherton C, Patten, … Continue reading Natt and Another v Osman and Another: CA 26 Nov 2014
UTLC LEASEHOLD ENFRANCHISEMENT – deferment rate – hope value – collective enfranchisement – 1930s flats in outer London – deferment rate 5% affirmed – hope value of flats of non-participating tenants taken at 10% of marriage value – Leasehold Reform, Housing and Urban Development Act 1993, Sch 11 Citations: [2009] UKUT 168 (LC) Links: Bailii … Continue reading Culley v Daejan Properties Ltd: UTLC 7 Sep 2009
UTLC LEASEHOLD ENFRANCHISEMENT – flat – lease extension – premium – comparables – adjustments – relativity – graph of graphs – LVT determination outside range of disputed values – appeal allowed – Leasehold Reform, Housing and Urban Development Act 1993 section 48 and Schedule 13 Citations: [2009] UKUT 171 (LC) Links: Bailii Jurisdiction: England and … Continue reading Dependable Homes Ltd v Mann and Another: UTLC 8 Sep 2009
UTLC Leasehold enfranchisement – costs – initial notices – basis of assessment – costs of proceedings – unreasonable conduct – appeal allowed in part – section 33 Leasehold Reform, Housing and Urban Development Act 1993 – paragraph 10 Schedule 12 Commonhold and Leasehold Reform Act 2002 Citations: [2010] UKUT 81 (LC) Links: Bailii Jurisdiction: England … Continue reading Drax v Lawn Court Freehold Ltd: UTLC 24 Mar 2010
LEASEHOLD ENFRANCHISEMENT – price payable for freehold of flats – value of freeholder’s interest – assessment of marriage value – yield – uplift – hope value – analysis of settlements and auction results – Leasehold Reform, Housing and Urban Development Act 1993, Schedule 6 paras 2-4 – price determined at pounds 33,300 Citations: [2001] EWLands … Continue reading Maryland Estates Ltd v Campana Court Ltd: LT 10 Apr 2001
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – valuation date – discount for risk of assured tenancies – uplift to reflect value of owning freehold – marriage value – comparables – value – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 6 – price increased from pounds 450,000 to pounds 519,000 Citations: [2001] EWLands LRA – … Continue reading West Hampstead Management Co Ltd v Pearl Property Ltd: LT 31 Oct 2001
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – preliminary issue – nominee purchasers had appealed to Lands Tribunal against decision of Leasehold Valuation Tribunal fixing price to be paid for freehold – shortly before Lands Tribunal hearing freeholder serves notice under Schedule 9 paragraph 5 of Leasehold Reform, Housing and Urban Development Act 1993 requiring a lease … Continue reading Cawthorne and others v Hamdan: LT 6 Mar 2006
London : Grant of new lease (section 48 Leasehold Reform, housing and Urban Development Act 1993) Citations: [2015] UKFTT RP – LON – 00BA – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 11 August 2022; Ref: scu.626611
London : Section 50 of The Leasehold Reform, Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – LON – 00AZ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 11 August 2022; Ref: scu.626539