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
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 Defendant relied on Section 7 of the 1978 Act to support of its contention that it had served on the Claimant a counter-notice under Section 45 Leasehold Reform (Housing and Urban Development) Act 1993 (‘the 1993 Act’). The Claimant contended that Section 7 allowed him to prove on the facts that the counter-notice had … Continue reading Calladine-Smith v Saveorder Ltd: ChD 5 Jul 2011
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
The court was asked short point of statutory construction about the meaning of the phrase ‘a self-contained part of a building’ in sections 3 and 4 of the 1993 Act: ‘e only point taken by the defendant freeholder, Craftrule Ltd (‘Craftrule’), in resisting the enfranchisement claim is that the Property comprises two parts, consisting of … Continue reading Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd: ChD 27 May 2010
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
UTTC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – acquisition of land and rights – acquisition of leasehold interests – interpretation – nominee purchaser with right to acquire leasehold interest – whether required to acquire totality of leasehold interest – whether entitled to chose to acquire only part of leasehold interest – appeal allowed – Leasehold Reform … Continue reading Hemphurst Ltd v Durrels House Ltd: UTTC 5 Jan 2011
Leasehold Reform Housing and Urban Development Act 1993 (Missing Landlord) Citations: [2015] UKFTT RP – CHI – 45UG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 27 August 2022; Ref: scu.626966
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – valuation date – discount for risk of assured tenancies – uplift to reflect value of owning freehold – marriage value – comparables – value – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 6 – price increased from pounds 450,000 to pounds 519,000 Citations: [2001] EWLands LRA – … Continue reading West Hampstead Management Co Ltd v Pearl Property Ltd: LT 31 Oct 2001
LT LEASEHOLD ENFRANCHISEMENT – intermediate leasehold interests – how to be valued Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13 paras 6, 7. Citations: [2008] EWLands LRA – 114 – 2006 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Landlord and Tenant Updated: 30 July 2022; Ref: scu.372345
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
UTLC LEASEHOLD ENFRANCHISEMENT – applications for lease extensions under section 48, Leasehold Reform, Housing and Urban Development Act 1993 – relativities – weight to be given to previous LVT decisions – reliance upon graphs of relativity – appeal allowed Citations: [2012] UKUT 69 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 26 … Continue reading Re Coolrace Ltd and Others: UTLC 29 Feb 2012
LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – terms of acquisition – whether restrictive covenant in headlease should be incorporated in transfer – existence of scheme of management – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 7 para 5 – price to be paid – extent of any enhancement in price attributable to potential for … Continue reading Kutchukian v The Free Grammar School of John Lyon: UTLC 1 Mar 2012
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
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
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 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 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 . .
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