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
‘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 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
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
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
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
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
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
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
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 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
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 – 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
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
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
Judges: Lloyd, Sullivan, Lewison LJJ Citations: [2013] EWCA Civ 90, [2013] 1 WLR 2842, [2013] L and TR 30, [2013] WLR(D) 81, [2013] 2 EGLR 97, [2013] RVR 232, [2013] HLR 25 Links: Bailii, WLRD Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 21 July 2022; … Continue reading Kutchukian v John Lyon’s Charity, Trustees of The: CA 20 Feb 2013
The landlord of a block of apartments appealed against an order requiring him to transfer his interest under the Act to the respondent company owned by the tenants. Judges: Tuckey, Carnwath, Jacob LjJ Citations: [2008] EWCA Civ 864 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and … Continue reading Goldeagle Properties Ltd v Thornbury Court Ltd: CA 25 Jul 2008
LT LEASEHOLD ENFRANCHISEMENT – flats – value of existing leases affected by interpretation of rent review clauses – meaning of the phrase ‘increased market ground rental value’ – whether Jarrett v Burford Estates [1999] 1 EGLR 181 rightly decided – ground rents chargeable on review – effects on value of existing leases and premiums payable … Continue reading Elmbirch Properties Plc v Schaefer-Tsoropatzadis and Another: LT 2 Mar 2007
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
Notices had been served by tenants under the Acts. The properties were on a large estate where the freeholds had been divided and assigned to different bodies, and there were inconsistencies in identifying the landlords. The landlords served a counter-notice but it misidentified the landlord. The landlord appealed a finding that his notice was invalid. … Continue reading Lay and others v Ackerman and Another: CA 4 Mar 2004
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
LT LEASEHOLD ENFRANCHISEMENT- Leasehold Reform, Housing and Urban Development Act 1993 s.24 – premium payable for freehold – value of right to receive insurance commissions – value of right to manage. Appeal allowed in part – premium payable for freehold determined at andpound;3,610. Citations: [2000] EWLands LRA – 16 – 1999 Links: Bailii Statutes: Leasehold … Continue reading Phyllis Trading Ltd v 86 Lordship Road Ltd: LT 11 Jan 2000
The tenants offered to purchase the landlord’s freehold for andpound;210. The landlord made a counter offer to sell the freehold at andpound;130,000. The tenants argued that just as their offer had to be realistic, so the landlord’s had to be realistic, in default of which, the landlord having made no counter-proposal, the tenant’s notice was … Continue reading 9 Cornwall Crescent London Ltd v Kensington and Chelsea: CA 22 Mar 2005
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 – 00AW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.627003
Note: ‘In accordance with the well established principles of stare decisis the decisions of a higher court are binding on judges sitting in a lower court. This principle serves the interests of legal certainty: see Broome v. Cassell and Co [1972] AC 1027 at 1054. The needs of litigants and their advisers to know where … Continue reading Howard De Walden Estates Ltd and Another v Aggio and others; Earl Cadogan and others v 26 Cadogan Square Ltd: CA 24 May 2007
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – whether owner of an intermediate leasehold could withdraw an agreement that the interest was to be acquired by the nominee purchaser – assessment of price – existence of substantial value in ability to develop building back to a single house – whether the assumptions required under Leasehold Reform, Housing … Continue reading Cravecrest Ltd v Duke of Westminster and Others: UTLC 28 Jun 2012
UTLC LEASEHOLD ENFRANCHISEMENT – costs – valuation fee – freeholder agrees to pay a fee within a fixed range for initial valuation and similar fee for subsequent negotiations – whether agreed fee reasonable for valuation or whether it should be based on hourly rate – Leasehold Reform, Housing and Urban Development Act 1993, s60(1) Citations: … Continue reading Fitzgerald, Re Flat 3 49-51 Cheval Place: UTLC 10 Feb 2010
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
The tenants served a notice on the landlord to enfanchise their properties. The landlord’s counter-notice failed to state whether any estate management scheme existed. The tenants said the counter-notice was invalid. Held: The landlord’s appeal succeeded. The paragraph requiring the statement was a directory requirement, and a failure to comply did not invalidate the notice. … Continue reading 7 Strathay Gardens Ltd v Pointstar Shipping and Finance Ltd and Another: CA 15 Dec 2004
A headlessee can be a ‘qualifying tenant’ for the purposes of Chapters 1 and 2 of Part 1 of the 1993 Act. Citations: [1998] 2 EGLR 96 Statutes: Leasehold Reform, Housing and Urban Development Act 1993 101(3) Cited by: Cited – Earl Cadogan, Cadogan Estates Limited v Search Guarantees Plc CA 27-Jul-2004 The tenant of … Continue reading Crean Davidson Investments Ltd v Earl Cadogan: 1998
Leasehold enfranchisement – validity of notice Judges: Fancourt J Citations: [2018] WLR(D) 769, [2018] EWHC 3430 (Ch) Links: WLRD, Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 13(1) 101(1) Jurisdiction: England and Wales Landlord and Tenant Updated: 27 April 2022; Ref: scu.631384
Judges: Morgan J Citations: [2018] EWHC 1914 (Ch), [2018] WLR(D) 512 Links: Bailii, WLRD Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 26 April 2022; Ref: scu.621078
UTLC LEASEHOLD ENFRANCHISEMENT – lease extension – maisonettes – whether deferment rate should be increased by 0.25% to reflect an additional risk of deterioration – whether the Leasehold Reform, Housing and Urban Development Act 1993 confers any benefit in ‘unsophisticated’ West Midlands market – whether a discount should be made to the FHVP value to … Continue reading Midland Freeholds Ltd and Another, Appeals Against Decisions: UTLC 29 Dec 2017
Judges: Gross, Moylan, LJJ, Asplin DBE J Citations: [2017] EWCA Civ 1098 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 28 March 2022; Ref: scu.591182
UTLC LEASEHOLD ENFRANCHISEMENT – intermediate leasehold interest – flat and parking space held on separate leases and intermediate leases – division of landlord’s share of marriage value – para. 10(2), Sch 13, Leasehold Reform, Housing and Urban Development Act 1993 – s. 3, Human Rights Act 1998 – Art. 1 of the First Protocol to … Continue reading The Portman Estate Nominees (One) Ltd and Another v Starlight Headlease Ltd: UTLC 1 Nov 2016
UTLC LEASEHOLD ENFRANCHISEMENT – premium payable in respect of new lease – three separate cases – freehold vacant possession value agreed in one case – decision as to freehold vacant possession values in the other two cases – the value of the existing leases with rights under the Leasehold Reform, Housing and Urban Development Act … Continue reading The Trustees of The Sloane Stanley Estate v Mundy: UTLC 10 May 2016
UTLC LEASEHOLD ENFRANCHISEMENT – COSTS – in-house solicitor engaged in responding to seven near identical claims – whether hourly rate for solicitor in private practice applicable – appropriate rate – whether fee recoverable for solicitor to instruct valuer and consider valuation s.60 Leasehold Reform. Housing and Urban Development Act 1993 – appeal allowed [2015] UKUT … Continue reading Sidewalk Properties Ltd v Twinn and Others: UTLC 10 Mar 2016
The landlord appealed against an order allowing the tenants to amend their notice given under section 13 of the 1993 Act. Moore-Bick, Gloster, Vos LJJ [2014] EWCA Civ 1078, [2014] WLR(D) 352 Bailii, WLRD Leasehold Reform, Housing and Urban Development Act 1993 England and Wales Landlord and Tenant Updated: 18 December 2021; Ref: scu.535457
The landlords resisted a claim for enfranchisement saying that the appellants were no longer tenants under section 42 of the 1993 Act, the lease having expired. The property was made up of five flats, and was not itself a house. Held: The tenant’s appeal was dismissed. Paragraph 5 of the schedule 12 of the 1993 … Continue reading Ackerman and Another v Lay and others (Portman Estate Nominees (One) Ltd): CA 16 Dec 2008
The tenant had served a notice under the 2003 Act to acquire a new lease. The landlord in replying that he wished to redevelop the site, sought himself to define the extent of the ‘estate’ to include only the tenant’s apartment and a neighbouring one as ‘the whole or a substantial part of the premises … Continue reading Majorstake Ltd v Curtis: HL 6 Feb 2008
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
LT LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – whether price enhanced by value potentially available from a redevelopment of the building into a single house – extent of risks regarding ability to obtain vacant possession and carry out such redevelopment – how such risks would affect properly advised hypothetical purchaser – Leasehold Reform, Housing and Urban … Continue reading Cadogan v 2 Herbert Crescent Freehold Ltd: LT 15 May 2009
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
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
The applicant sought leave to apply for a judicial review of a decision that she was not a person with a sufficient interest to challenge a scheme of management proposed under the Act. She was a lessee of a property affected, but had sought to make . .
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. . .
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