The tenants occupied the building under subleases created out of a head lease which also included other land. They served a notice requiring new leases. The landlord objected that this envisaged not the grant of a new lease in substitution of the older lease, and also that the existing head lease would be left in … Continue reading Maurice and Others v Hollow-Ware Products Ltd: ChD 15 Mar 2005
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
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
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
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
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
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
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
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
UTLC LEASEHOLD ENFRANCHISEMENT – COLLECTIVE ENFRANCHISEMENT – leases conferring revocable right to use garden – respondent offering revocable rights in lieu of acquisition of freehold of garden – competing requirements of permanence and equivalence – s.1(4)(a) Leasehold Reform, Housing and Urban Development Act 1993 [2016] UKUT 484 (LC) Bailii Leasehold Reform, Housing and Urban Development … Continue reading 4-6 Trinity Church Square Freehold Ltd v The Corporation of The Trinity House of Deptford Strond: UTLC 8 Nov 2016
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 – collective enfranchisement – leaseback – effect of grant of new leases by freeholder after determination of disputed terms of leaseback by LVT – whether nominee purchaser entitled to insist on leasebacks – ss.24 and 35 and Schedule 9, Leasehold Reform, Housing and Urban Development Act 1993. Martin Rodger QC, Deputy President … Continue reading Queensbridge Investment Ltd v 61 Queens Gate Freehold Ltd: UTLC 6 Oct 2014
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 – 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
The company appealed against a refusal to refund Stamp Duty Land Tax in respect of two land transactions. They claimed entitlement to full relief as an enfanchisement. The initial notices had been given by an incorrectly formed RTE company. Though the property had been purchased by a compliant company, the notices were said to remain … Continue reading Elizabeth Court (Bournemouth) Ltd v HM Revenue and Customs: ChD 16 Oct 2008
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. . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts