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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

Hyde v Mallow Properties Ltd: LT 29 Nov 2000

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

Raymere Ltd v Belle Vue Gardens Ltd: CA 17 Jul 2003

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

Kutchukian v John Lyon’s Charity, Trustees of The: CA 20 Feb 2013

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

Richmond Housing Partnership Ltd v Brick Farm Management Ltd: QBD 28 Jul 2005

The claimants were tenants of a charitable housing association, and sought the enfranchisement of their leasehold properties. The landlord appealed a declaration that the tenants were so entitled, saying that each of the tenants was excluded from the right to collective enfranchisement because his flat ‘forms part of the housing accommodation provided by (the Appellant) … Continue reading Richmond Housing Partnership Ltd v Brick Farm Management Ltd: QBD 28 Jul 2005

Goldeagle Properties Ltd v Thornbury Court Ltd: CA 25 Jul 2008

The landlord of a block of apartments appealed against an order requiring him to transfer his interest under the Act to the respondent company owned by the tenants. Judges: Tuckey, Carnwath, Jacob LjJ Citations: [2008] EWCA Civ 864 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and … Continue reading Goldeagle Properties Ltd v Thornbury Court Ltd: CA 25 Jul 2008

Elmbirch Properties Plc v Schaefer-Tsoropatzadis and Another: LT 2 Mar 2007

LT LEASEHOLD ENFRANCHISEMENT – flats – value of existing leases affected by interpretation of rent review clauses – meaning of the phrase ‘increased market ground rental value’ – whether Jarrett v Burford Estates [1999] 1 EGLR 181 rightly decided – ground rents chargeable on review – effects on value of existing leases and premiums payable … Continue reading Elmbirch Properties Plc v Schaefer-Tsoropatzadis and Another: LT 2 Mar 2007

Cadogan and Another v Sportelli and Another: LT 15 Sep 2006

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

Cadogan v Moussaieff: 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

Lay and others v Ackerman and Another: CA 4 Mar 2004

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

O’Brien v Glentamer Mansions Management Co Ltd: LT 8 Mar 2004

LT LEASEHOLD ENFRANCHISEMENT – claim by former landlord for compensation for loss resulting from collective enfranchisement – price determined by County Court upheld by Court of Appeal – Leasehold Valuation Tribunal decided it had no jurisdiction – appeal dismissed – Leasehold Reform, Housing and Urban Development Act 1993, Schedule 6, paragraph 5. Citations: [2004] EWLands … Continue reading O’Brien v Glentamer Mansions Management Co Ltd: LT 8 Mar 2004

Collins and Another v Doyle and others: LT 7 Oct 2003

LT LEASEHOLD ENFRANCHISEMENT – premiums payable for grant of new leases of flats – marriage value – value of long lease agreed – whether assignments of unextended leases of other flats in same block provide satisfactory evidence of value of existing leases of subject flats – appeal dismissed – Leasehold Reform, Housing and Urban Development … Continue reading Collins and Another v Doyle and others: LT 7 Oct 2003

Thiery v John Lyon’s Charity: LT 16 Jul 2003

LEASEHOLD ENFRANCHISEMENT – premium payable for grant of new lease of flat – marriage value – market value of existing lease agreed – whether value affected by provisions of Leasehold Reform, Housing and Urban Development Act 1993 – appeal dismissed. Citations: [2003] EWLands LRA – 44 – 2002 Links: Bailii Jurisdiction: England and Wales Landlord … Continue reading Thiery v John Lyon’s Charity: LT 16 Jul 2003

Langinger v Earl of Cadogan and Cadogan Estates Ltd: LT 16 Oct 2001

LT Leasehold Reform, Housing and Urban Development Act, 1993 Schedule 13 – Valuation of Leases disregarding rights – Evidence of settlements – Marginal variation from LVT’s valuation – Appeal and cross-appeal dismissed. Citations: [2001] EWLands LRA – 46 – 2000 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 June 2022; Ref: scu.225683

Abacona Investements Ltd v Wright and others (Executors of Will of Eileen Elizabeth Yardley Deceased): LT 22 Feb 2001

LT LEASEHOLD ENFRANCHISEMENT – flat – premium for grant of new lease – yield – review rents – value of existing and proposed interests – compensation for loss or damage – valuation costs – Leasehold Reform, Housing and Urban Development Act 1993, section 60 and Schedule 13 Citations: [2001] EWLands LRA – 23 – 2000 … Continue reading Abacona Investements Ltd v Wright and others (Executors of Will of Eileen Elizabeth Yardley Deceased): LT 22 Feb 2001

Phyllis Trading Ltd v 86 Lordship Road Ltd: LT 11 Jan 2000

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

9 Cornwall Crescent London Ltd v Kensington and Chelsea: CA 22 Mar 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

Howard De Walden Estates Ltd and Another v Aggio and others; Earl Cadogan and others v 26 Cadogan Square Ltd: CA 24 May 2007

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

Jones and Another v Roundlistic Ltd: CA 19 Oct 2018

The Court considered the application of the 1999 Regulations to the terms of a lease granted as an extension to an earlier lease under the 1993 Act. Citations: [2018] EWCA Civ 2284 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993, Unfair Terms in Consumer Contracts Regulations 1999 Jurisdiction: England and Wales Landlord … Continue reading Jones and Another v Roundlistic Ltd: CA 19 Oct 2018

Cravecrest Ltd v Duke of Westminster and Others: UTLC 28 Jun 2012

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

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

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

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

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

Glen International Ltd v Triplerose Ltd: CA 23 Mar 2007

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

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

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

John Lyon’s Charity v Alamouti: UTLC 28 Apr 2014

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

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

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

St Anselm Development Company Ltd v Slaughter and May: ChD 1 Feb 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

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

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