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 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
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
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
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
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 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: 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
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
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 . . preliminary issues – deferment rate – determination of deferment rate – Arbib v Earl Cadogan considered – deferment rate of 4.75% applied to houses and 5% applied to flats – guidance on this ( hope value – whether hope of releasing share of marriage value relevant in collective enfranchisement – … Continue reading Cadogan and Another v Sportelli and Another: LT 15 Sep 2006
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
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
Renewed application for leave to appeal against a finding that a notice served under the 1993 Act was invalid and ineffective. Judges: Tuckey LJ Citations: [2002] EWCA Civ 663 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 42 Jurisdiction: England and Wales Landlord and Tenant Updated: 23 June 2022; Ref: scu.217158
Application for permission to appeal against a decision of the President of the Lands Tribunal on an appeal from a determination by the Leasehold Valuation Tribunal Judges: Dyson LJ Citations: [2001] EWCA Civ 838 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 02 June … Continue reading Logothetis v Kadoori and others: CA 5 Jun 2001
F granted T a lease reserving the right to deal with all rights in the property as F wanted. T used the back court and gate for business deliveries but then F granted the freehold to the plaintiff, who in turn denied all right to use the back court or gate as T had been … Continue reading Green v Ashco Horticulturist Ltd: 1966
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
LEASEHOLD ENFRANCHISEMENT – Leasehold Reform, Housing and Urban Development Act 1993 s 60 – costs of intermediate landlord – reasonableness of costs – matters to be taken into account Citations: [2012] UKUT 215 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 May 2022; Ref: scu.462565
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
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
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
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
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 – 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
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 – 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
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 – 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
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
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
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
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
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
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 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
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
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
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 . .
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 . .
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. . .
Application Under S48 Leasehold Reform Housing and Urban Development Act 1993 . .
LT LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – intermediate lease of four flats – caretaker’s flat – whether intermediate leasehold interest in caretaker’s flat to be acquired – whether included in . .
LEASEHOLD ENFRANCHISEMENT – COLLECTIVE ENFRANCHISEMENT – development hope value – s. 24 and paras 2-5, Sch 6, Leasehold Reform, Housing and Urban Development Act 1993 – appeal dismissed . .
Leasehold Enfranchisement – flat – premium for new lease – relativity – Outer London property – whether FTT wrong to average RICS 2009 graphs for Greater London and England and to exclude most recent Prime Central London graphs – whether FTT . .
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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