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7 Strathay Gardens Ltd v Pointstar Shipping and Finance Ltd and Another: CA 15 Dec 2004

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

Crean Davidson Investments Ltd v Earl Cadogan: 1998

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

Pascoe v First Secretary of State and others: Admn 27 Sep 2006

The claimant challenged a compulsory purchase order made under the 1993 Act on the grounds of underuse of properties in the area. Held: The respondent’s decision had been made on the basis that there was underuse of a ‘predominant number’ of properties. That phrase added an unlawful gloss to the statutory requirement and watered the … Continue reading Pascoe v First Secretary of State and others: Admn 27 Sep 2006

Whitehall Court London Ltd v The Crown Estate Commissioners: CA 19 Jul 2018

This appeal raises a question about the valuation provisions in the 1993 Act, and an issue about the construction of a lease. Citations: [2018] EWCA Civ 1704 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 25 April 2022; Ref: scu.620482

The Corporation of Trinity House of Deptford Strond v 4-6 Trinity Church Square Freehold Ltd: CA 18 Apr 2018

The court was concerned with the proper construction of section 1(4) of the 1993 Act in the context of a dispute about the nature of the rights which must be granted over a garden at the rear of the property. Judges: McCombe, Noylan, Asplin LJJ Citations: [2018] EWCA Civ 764 Links: Bailii Statutes: Leasehold Reform, … Continue reading The Corporation of Trinity House of Deptford Strond v 4-6 Trinity Church Square Freehold Ltd: CA 18 Apr 2018

Uta De Campomar and Another v Trustees of the Pettiward Estate: LT 1 Mar 2005

LEASEHOLD ENFRANCHISEMENT – Procedure – LVT’s power to dismiss application not pursued – Improper exercise of discretion – Right of appeal – Party who ‘appeared’ before Tribunal – Leasehold Reform, Housing and Urban Development Act 1993, s.48 Citations: [2005] EWLands LRA – 29 – 2004 Links: Bailii Jurisdiction: England and Wales Land Updated: 09 April … Continue reading Uta De Campomar and Another v Trustees of the Pettiward Estate: LT 1 Mar 2005

Sinclair Gardens Investments (Kensington) Ltd, Re George Court: UTLC 29 Dec 2017

UTLC LEASEHOLD ENFRANCHISEMENT – flat – whether adjustments to be made for time, freehold/long leasehold interest, and ‘Act rights’ – market evidence v graphs – market evidence preferred – premiums determined at pounds 19,200 – Schedule 13, Leasehold Reform, Housing and Urban Development Act 1993 Citations: [2017] UKUT 494 (LC) Links: Bailii Jurisdiction: England and … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Re George Court: UTLC 29 Dec 2017

Midland Freeholds Ltd and Another, Appeals Against Decisions: UTLC 29 Dec 2017

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

Ellis and Another v Logothetis: LT 5 Dec 2000

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

Crown Estate Commissioners v Whitehall Court London Ltd, Re Whitehall Court: UTLC 20 Jul 2017

UTLC LEASEHOLD ENFRANCHISEMENT – Flat – extended lease – premium – apportionment of premium between freeholder and head lessee – whether no-Act assumption restricted to appeal flat – probability of receiving profit income above a threshold level – definition of net receipts – valuation treatment of initial ground rent – section 56 and Schedule 13 … Continue reading Crown Estate Commissioners v Whitehall Court London Ltd, Re Whitehall Court: UTLC 20 Jul 2017

Sloam and Another (Trustees of The JPT Pension Scheme), Re 395A and 397A, High Road: UTLC 4 May 2017

LEASEHOLD ENFRANCHISEMENT – costs – two adjoining flats held on similar terms – parties common to both flats – notices of claim deemed withdrawn – costs incurred by freeholder in connection with new leases – whether costs duplicated – s60(1) Leasehold Reform, Housing and Urban Development Act 1993 – appeal allowed in part Citations: [2017] … Continue reading Sloam and Another (Trustees of The JPT Pension Scheme), Re 395A and 397A, High Road: UTLC 4 May 2017

4-6 Trinity Church Square Freehold Ltd v The Corporation of The Trinity House of Deptford Strond: UTLC 8 Nov 2016

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

The Portman Estate Nominees (One) Ltd and Another v Starlight Headlease Ltd: UTLC 1 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

Mallory and Others v Orchidbase Ltd: UTLC 2 Nov 2016

UTLC LEASEHOLD ENFRANCHISEMENT – Premium – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13, Part II – unimproved freehold value – existing lease value – relativity – transactional evidence – relativity graphs – transactional evidence preferred – premium determined at andpound;21,908 [2016] UKUT 468 (LC) Bailii England and Wales Landlord and Tenant Updated: … Continue reading Mallory and Others v Orchidbase Ltd: UTLC 2 Nov 2016

Cowthorpe Road 1-1A Freehold Ltd v Wahedally: 2017

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

The Trustees of The Sloane Stanley Estate v Mundy: UTLC 10 May 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

Merie Bin Mahfouz Company (UK) Ltd v Barrie House (Freehold) Ltd: UTLC 8 Dec 2014

UTLC Leasehold enfranchisement – collective enfranchisement – leasebacks under Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 – units not in existence at the relevant date – common parts at the relevant date – rights over the common parts – leasebacks of commercial premises [2014] UKUT 390 (LC) Bailii England and … Continue reading Merie Bin Mahfouz Company (UK) Ltd v Barrie House (Freehold) Ltd: UTLC 8 Dec 2014

Alice Ellen Cooper-Dean Charitable Foundation v Greensleeves Owners Ltd: UTLC 12 Jun 2015

UTLC Leasehold Enfranchisement – Flat – two-stage enfranchisement – Leasehold Reform, Housing and Urban Development Act 1993 – paragraph 14 of Schedule 6 – paragraph 5 of Schedule 13 – paragraph 5 of Schedule 6 – section 3 of the Human Rights Act 1998 – article 1 of the First Protocol to the European Convention … Continue reading Alice Ellen Cooper-Dean Charitable Foundation v Greensleeves Owners Ltd: UTLC 12 Jun 2015

Snowball Assets Ltd v Huntsmore House (Freehold) Ltd: UTLC 25 Jun 2015

UTLC LEASEHOLD ENFRANCHISEMENT – Collective Enfranchisement – Leasehold Reform, Housing and Urban Development Act 1993 section 1(4) – landlord’s counternotice offering grant of rights over additional land – counternotice also reserving rights to develop the additional land – construction of the leases regarding extent of lessees’ existing rights and lessor’s existing reservations over additional land … Continue reading Snowball Assets Ltd v Huntsmore House (Freehold) Ltd: UTLC 25 Jun 2015

Rossman v The Crown Estate Commissioners: UTLC 3 Jun 2015

UTLC LEASEHOLD ENFRANCHISEMENT – Flat – Leasehold Reform, Housing and Urban Development Act 1993 – grant of new lease – section 57(6) – modification of term of existing lease – lessee’s liability to service charge contribution on fixed percentage basis [2015] UKUT 288 (LC) Bailii England and Wales Landlord and Tenant Updated: 30 December 2021; … Continue reading Rossman v The Crown Estate Commissioners: UTLC 3 Jun 2015

Columbia House Properties (No3) Ltd v Imperial Hall Freehold Ltd: UTLC 3 Feb 2015

UTLC LEASEHOLD ENFRANCHISEMENT – costs – whether freeholder can recover costs of managing agent in addition to those of solicitors and valuers in dealing with an enfranchisement notice – appeal allowed – First Tier Tribunal wrongly disallowed managing agents costs on the grounds the work could have been done by the freeholder without considering reasonableness … Continue reading Columbia House Properties (No3) Ltd v Imperial Hall Freehold Ltd: UTLC 3 Feb 2015

Queensbridge Investment Ltd v 61 Queens Gate Freehold Ltd: UTLC 6 Oct 2014

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

Padmore v The Official Custodian for Charities: UTLC 31 Dec 2013

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

Hauser v Howard De Walden Estates Ltd: UTLC 28 Nov 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

Ackerman and Another v Lay and others (Portman Estate Nominees (One) Ltd): CA 16 Dec 2008

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

Burchell v Raj Properties Ltd: UTLC 18 Sep 2013

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

Money and Others v Cadogan Holdings Ltd: UTLC 26 Jun 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

Voyvoda v Grosvenor West End Properties and Another: UTLC 25 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

Denholm v Stobbs: UTLC 20 Jun 2016

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

Cadogan v 2 Herbert Crescent Freehold Ltd: LT 15 May 2009

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

Earl Cadogan v Pitts and Wang; Similar: HL 10 Dec 2008

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

Majorstake Ltd v Curtis: CA 8 Aug 2006

The tenant had given notice under section 42 requiring a new lease. The landlord said it wished to redevelop the apartment by combining it with a neighbouring one. The issue was as to what constituted ‘any premises in which [Flat 77] is contained’ within s47(2)’. The landlord said that the phrase was general and could … Continue reading Majorstake Ltd v Curtis: CA 8 Aug 2006

Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others: HL 25 Jun 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