The tenant appealed against an order requiring the amendment of what was found to be an obvious error in the lease as to the responsibility of the lessor to make repairs to certain walls and rooves, and the apportionment of liability for payment of any associated costs. Held: The appeal succeeded. There was no obvious … Continue reading Campbell v Daejan Properties Ltd: CA 20 Nov 2012
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
The claimants challenged the validity of compulsory purchase orders for their land. Judges: Goldring J Citations: [2007] EWHC 959 (Admin) Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 158(1) Jurisdiction: England and Wales Land, Housing Updated: 20 December 2022; Ref: scu.251575
The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly. Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 Act was expropriatory in nature. Millet LJ said: ‘It would, in my opinion, be wrong to disregard the … Continue reading Cadogan v McGirk: CA 25 Apr 1996
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 claimants sought the enfranchisement of their properties in London. The freeholder claimed the benefit of the resident landlord exemption. Held: To succeed in the defence the freeholder had to establish one continuous interest by ‘the same person’ from the time when the property was converted into flats until the time of the enfranchisement application. … Continue reading Slamon v Planchon: CA 25 Jun 2004
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
The landlord challenged the right of the tenants to acquire the freehold. Lessees had been subdivided the apartments and then, without the landlord’s consent, assigned them. The new arrangement had increased the number of qualifying tenancies so as to create a right to enfranchisement. The landlord said this was artificial, and having been done without … Continue reading Smith and Another v Jafton Properties Ltd: CA 2 Nov 2011
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 v 55/57 Cadogan Square Freehold Ltd: LT 15 Sep 2005
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
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
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
Citations: [2015] UKFTT RP – LON – 00BC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 June 2022; Ref: scu.627007
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
Patten, Sales, David Richards LJJ [2016] EWCA Civ 1176, [2016] WLR(D) 633 Bailii, WLRD Leasehold Reform Housing and Urban Development Act 1993 England and Wales Landlord and Tenant Updated: 26 January 2022; Ref: scu.571936
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
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
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
Jackson, McCombe LJJ, Sir Colin Rimer [2015] EWCA Civ 1294 Bailii Leasehold Reform Housing and Urban Development Act 1993 England and Wales Landlord and Tenant Updated: 08 January 2022; Ref: scu.557091
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
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 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
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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