Cadogan and Another v Sportelli and Another: CA 25 Oct 2007

Appeals concerned with two preliminary issues, directed by the Lands Tribunal, to determine: (i) ‘the proper deferment rate to be applied to vacant possession value’; and (ii) ‘the proper valuation of any ‘hope value”. A further general issue has been raised as to the status of the Tribunal’s decision in relation to future cases in the Leasehold Valuation Tribunal.

Judges:

Ward LJ, Carnwath LJ, Sir Peter Gibson

Citations:

[2007] EWCA Civ 1042, [2008] 2 All ER 220, [2008] 1 WLR 2142, [2007] RVR 314, [2007] 44 EG 180, [2008] 1 EGLR 137, [2008] L and TR 13

Links:

Bailii

Statutes:

Leasehold Reform Act 1967 9

Jurisdiction:

England and Wales

Citing:

At Lands TribunalCadogan 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 – . .

Cited by:

Appeal fromEarl 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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.260050