What is the true interpretation of section 9(1A)(d) of the Leasehold Reform Act 1967 – a counter-factual deeming provision for the valuation of the freeholder’s interest in a house and premises upon enfranchisement, requiring the price payable for that interest to be diminished by the extent to which its value has been increased by improvements carried out by the tenant, or his predecessor in title, at his own expense? That question is raised in a preliminary issue decided by the Upper Tribunal (Lands Chamber) in this case. Different interpretations of section 9(1A)(d) have been put forward on either side.
Judges:
Lady Justice King
Sir Keith Lindblom
(Senior President of Tribunals)
And
Lord Justice Newey
Citations:
[2022] EWCA Civ 499
Links:
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 14 May 2022; Ref: scu.676331
