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

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

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. . .

‘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

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

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

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 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

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 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

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

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

LT LEASEHOLD ENFRANCHISEMENT – intermediate leasehold interests – how to be valued Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13 paras 6, 7. Citations: [2008] EWLands LRA – 114 – 2006 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Landlord and Tenant Updated: 30 July 2022; Ref: scu.372345

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

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

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 Day and Another v 32 Rosary Gardens (Freehold) Ltd: 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 Cadogan and Another v 55/57 Cadogan Square Freehold Ltd: 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 Cadogan and Another: 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 Cadogan v Moussaieff: LT 15 Sep 2005

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

LT LEASEHOLD ENFRANCHISEMENT- hope value- held hope value excluded- Leasehold Reform, Housing and Urban Development Act 1993 Sch 6 para 3 – costs. Citations: [2007] EWLands LRA – 25 – 2007 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 13 June 2022; Ref: scu.262241

Citations: [2015] UKFTT RP – LON – 00AK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.627097

Citations: [2018] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.623704

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

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

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

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

LT LEASEHOLD ENFRANCHISEMENT – whether terms of acquisition other than premium agreed for purposes of Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13 para 1 – earlier decision of County Court on application under s 48(3) that no terms agreed – held that issue estoppel arose – terms other than premium agreed at … Continue reading Ellis and Another v Logothetis: LT 5 Dec 2000

The court considered a lessor’s counter-notice served under s.21 of the 1993 Act. HH Judge Dight had to construe s.99(1) of the 1993 Act which provides: ‘(1) Any notice required or authorised to be given under this Part – (a) shall be in writing; and (b) may be sent by post.’ Held: The use of … Continue reading Cowthorpe Road 1-1A Freehold Ltd v Wahedally: 2017

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 – collective enfranchisement – building comprising two flats with potential to convert back into a single house – relevance of participating tenant’s unwillingness to countenance development – alternative valuations of freeholder’s interest agreed – whether valuation capable of including ‘development hope value’ – whether capable of including ‘development marriage value’ – Leasehold … Continue reading Padmore v The Official Custodian for Charities: UTLC 31 Dec 2013

UTLC LEASEHOLD REFORM – grant of new lease – calculation of premium – Leasehold Reform, Housing and Urban Development Act 1993 schedule 13 paragraph 4B – assessment of relativity between the value of the freehold with vacant possession and the value of the extended lease – substantial part of property over-sailing an excluded basement area … Continue reading Hauser v Howard De Walden Estates Ltd: UTLC 28 Nov 2013

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

UTLC LEASEHOLD ENFRANCHISEMENT – flat – effect of covenant to use only as a dwelling for lessee and family – whether sub-letting prohibited – power to vary terms of lease on enfranchisement – Leasehold Reform, Housing and Urban Development Act 1993, s.57(6) – appeal dismissed Martin Rodger QC, DP [2013] UKUT 443 (LC) Bailii Leasehold … Continue reading Burchell v Raj Properties Ltd: UTLC 18 Sep 2013

UTLC LEASEHOLD ENFRANCHISEMENT – Flat – collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 – valuation of the freeholder’s interest under paragraph 3 of Schedule 6 – marriage value under paragraph 4 Sir Keith Lindblom P, and Mr N. J. Rose FRICS [2013] UKUT 211 (LC) Bailii England and Wales Landlord … Continue reading Money and Others v Cadogan Holdings Ltd: UTLC 26 Jun 2013

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

UTLC LEASEHOLD ENFRANCHISEMENT – flat – deferment rate – whether Zuckerman addition for management applicable to a well-run block in prime central London – held Zuckerman addition not applicable to such a building or at all Sir Jeremy Sullivan, Senior President and Mr N.J. Rose FRICS [2013] UKUT 0334 (LC) Bailii Leasehold Reform, Housing and … Continue reading Voyvoda v Grosvenor West End Properties and Another: UTLC 25 Jul 2013

UTLC LEASEHOLD ENFRANCHISEMENT – Premium – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13, Part II – terms of new lease – unimproved freehold value – gross internal area basis preferred – deferment rate – Sportelli rate of 5% preferred – relativity following Sloane Stanley and Ors v Mundy and Ors – RICS … Continue reading Denholm v Stobbs: UTLC 20 Jun 2016

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 . .