LEASEHOLD ENFRANCHISEMENT – price payable on collective enfranchisement for acquisition of freehold of four flats – value of tenants improvements – value of flats – uplift – yield – Leasehold Reform, Housing and Urban Development Act 1993 s.24 -Appeal dismissed. Citations: [2000] EWLands LRA – 22 – 2000 Links: Bailii Statutes: Leasehold Reform, Housing and … Continue reading Hyde v Mallow Properties Ltd: LT 29 Nov 2000
Citations: [2012] EWCA Civ 1181, [2012] 48 EG 64, [2012] RVR 348, [2012] 3 EGLR 38, [2012] HLR 47 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 24 Jurisdiction: England and Wales Landlord and Tenant Updated: 15 July 2022; Ref: scu.463823
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
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
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
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
Application for purchase of freehold of flats by purchaser nominated by leaseholders. Citations: [2007] EWCA Civ 6, [2007] 1 EGLR 67, [2007] 2 All ER 116, [2007] 2 P and CR 1, [2007] L and TR 14, [2007] Ch 187, [2007] 2 WLR 185, [2007] 11 EG 162, [2007] 5 EG 306 Links: Bailii Statutes: … Continue reading Cawthorne and others v Hamdan: CA 24 Jan 2007
Lease Extension S24 Leasehold Reform Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.626871
Application for determination of terms of acquisition – S24 Leasehold reform Housing and Urban Development Act 1993 Citations: [2015] UKFTT RP – LON – 00AZ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.626865
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
LEASEHOLD ENFRANCHISEMENT – DEVELOPMENT POTENTIAL – property purchased at auction four months before valuation date – enfranchisement premium determined at less than a third of auction price – sufficiency of FTT’s reasons – whether FTT bound to adopt auction price as market value – s.24, Leasehold Reform, Housing and Urban Development Act 1993 – appeal … Continue reading Properties AY and U Ltd v Barham House Freehold Ltd: UTLC 18 Aug 2022
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
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – Leasehold Reform Housing and Urban Development Act 1993 Section 24 – whether agreement reached as to part of purchase price deprived LVT of jurisdiction to determine that element of the price – Schedule 9 paragraphs 2 and 4 – application of mandatory leaseback provisions – should the leaseback … Continue reading Westminster v Ch2006 Ltd: UTLC 17 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
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
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
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
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
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 – 00BC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 June 2022; Ref: scu.627007
Citations: [2015] UKFTT RP – LON – 00AK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.627097
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
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
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
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
Calculation of premium on obtaining new long lease under 1993 Act. Citations: [2018] WLR(D) 42, [2018] EWCA Civ 35 Links: WLRD, Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 04 April 2022; Ref: scu.604149
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
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 – 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
Jackson LJ [2016] EWCA Civ 256 Bailii Leasehold Reform, Housing and Urban Development Act 1993 England and Wales Landlord and Tenant Updated: 12 January 2022; Ref: scu.561607
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
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
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 . .
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