Application for determination of reasonable costs – flat and premises – section 91 (2) (d) Leasehold and reform Housing and Urban development act 1993 Citations: [2015] UKFTT RP – LON – 00BB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 08 August 2022; Ref: scu.626905

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

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

Citations: [2015] EWHC 1407 (Admin) Links: Bailii Statutes: Leasehold Reform Housing and Urban Development Act of 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 17 July 2022; Ref: scu.549397

Citations: [2012] EWCA Civ 1181, [2012] 48 EG 64, [2012] RVR 348, [2012] 3 EGLR 38, [2012] HLR 47 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 24 Jurisdiction: England and Wales Landlord and Tenant Updated: 15 July 2022; Ref: scu.463823

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

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

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 Arbib v Earl Cadogan: 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 Day and Another v 32 Rosary Gardens (Freehold) Ltd: 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 and Another v 55/57 Cadogan Square Freehold Ltd: 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 and Another: 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

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

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

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

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

Renewed application for leave to appeal against a finding that a notice served under the 1993 Act was invalid and ineffective. Judges: Tuckey LJ Citations: [2002] EWCA Civ 663 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 42 Jurisdiction: England and Wales Landlord and Tenant Updated: 23 June 2022; Ref: scu.217158

LT LEASEHOLD ENFRANCHISEMENT- hope value- held hope value excluded- Leasehold Reform, Housing and Urban Development Act 1993 Sch 6 para 3 – costs. Citations: [2007] EWLands LRA – 25 – 2007 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 13 June 2022; Ref: scu.262241

Citations: [2018] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.623704

Citations: [2015] UKFTT RP – LON – 00AW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.627003

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

Application for permission to appeal against a decision of the President of the Lands Tribunal on an appeal from a determination by the Leasehold Valuation Tribunal Judges: Dyson LJ Citations: [2001] EWCA Civ 838 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 02 June … Continue reading Logothetis v Kadoori and others: CA 5 Jun 2001

UTLC Leasehold enfranchisement – collective enfranchisement – leasebacks under Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 – units not in existence at the relevant date – common parts at the relevant date – rights over the common parts – leasebacks of commercial premises Citations: [2014] UKUT 390 (LC) Links: Bailii … Continue reading Merie Bin Mahfouz Company (UK) Ltd v Barrie House (Freehold) Ltd: UTLC 8 Dec 2014

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

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

UTLC LEASEHOLD ENFRANCHISEMENT – costs – valuation fee – freeholder agrees to pay a fee within a fixed range for initial valuation and similar fee for subsequent negotiations – whether agreed fee reasonable for valuation or whether it should be based on hourly rate – Leasehold Reform, Housing and Urban Development Act 1993, s60(1) Citations: … Continue reading Fitzgerald, Re Flat 3 49-51 Cheval Place: UTLC 10 Feb 2010

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

A headlessee can be a ‘qualifying tenant’ for the purposes of Chapters 1 and 2 of Part 1 of the 1993 Act. Citations: [1998] 2 EGLR 96 Statutes: Leasehold Reform, Housing and Urban Development Act 1993 101(3) Cited by: Cited – Earl Cadogan, Cadogan Estates Limited v Search Guarantees Plc CA 27-Jul-2004 The tenant of … Continue reading Crean Davidson Investments Ltd v Earl Cadogan: 1998

Leasehold enfranchisement – validity of notice Judges: Fancourt J Citations: [2018] WLR(D) 769, [2018] EWHC 3430 (Ch) Links: WLRD, Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 13(1) 101(1) Jurisdiction: England and Wales Landlord and Tenant Updated: 27 April 2022; Ref: scu.631384

Judges: Lord Justice Lewison Citations: [2020] EWCA Civ 1441 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 01 April 2022; Ref: scu.655568

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

Judges: Morgan J Citations: [2007] EWHC 1776 (Ch) Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993 Jurisdiction: England and Wales Landlord and Tenant Updated: 23 March 2022; Ref: scu.258414

The court considered a lessor’s counter-notice served under s.21 of the 1993 Act. HH Judge Dight had to construe s.99(1) of the 1993 Act which provides: ‘(1) Any notice required or authorised to be given under this Part – (a) shall be in writing; and (b) may be sent by post.’ Held: The use of … Continue reading Cowthorpe Road 1-1A Freehold Ltd v Wahedally: 2017

UTLC LEASEHOLD ENFRANCHISEMENT – premium payable in respect of new lease – three separate cases – freehold vacant possession value agreed in one case – decision as to freehold vacant possession values in the other two cases – the value of the existing leases with rights under the Leasehold Reform, Housing and Urban Development Act … Continue reading The Trustees of The Sloane Stanley Estate v Mundy: UTLC 10 May 2016

UTLC LEASEHOLD ENFRANCHISEMENT – COSTS – in-house solicitor engaged in responding to seven near identical claims – whether hourly rate for solicitor in private practice applicable – appropriate rate – whether fee recoverable for solicitor to instruct valuer and consider valuation s.60 Leasehold Reform. Housing and Urban Development Act 1993 – appeal allowed [2015] UKUT … Continue reading Sidewalk Properties Ltd v Twinn and Others: UTLC 10 Mar 2016

Jackson LJ [2016] EWCA Civ 256 Bailii Leasehold Reform, Housing and Urban Development Act 1993 England and Wales Landlord and Tenant Updated: 12 January 2022; Ref: scu.561607

LEASEHOLD ENFRANCHISEMENT – costs – ‘agreement’ as to costs – section 91(1) Leasehold Reform Housing Urban Development Act 1993 [2014] UKUT 422 (LC) Bailii Leasehold Reform Housing Urban Development Act 1993 England and Wales Landlord and Tenant Updated: 06 January 2022; Ref: scu.554970

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

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

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

UTLC Leasehold enfranchisement – collective enfranchisement – leaseback – effect of grant of new leases by freeholder after determination of disputed terms of leaseback by LVT – whether nominee purchaser entitled to insist on leasebacks – ss.24 and 35 and Schedule 9, Leasehold Reform, Housing and Urban Development Act 1993. Martin Rodger QC, Deputy President … Continue reading Queensbridge Investment Ltd v 61 Queens Gate Freehold Ltd: UTLC 6 Oct 2014

UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – building comprising two flats with potential to convert back into a single house – relevance of participating tenant’s unwillingness to countenance development – alternative valuations of freeholder’s interest agreed – whether valuation capable of including ‘development hope value’ – whether capable of including ‘development marriage value’ – Leasehold … Continue reading Padmore v The Official Custodian for Charities: UTLC 31 Dec 2013

UTLC LEASEHOLD REFORM – grant of new lease – calculation of premium – Leasehold Reform, Housing and Urban Development Act 1993 schedule 13 paragraph 4B – assessment of relativity between the value of the freehold with vacant possession and the value of the extended lease – substantial part of property over-sailing an excluded basement area … Continue reading Hauser v Howard De Walden Estates Ltd: UTLC 28 Nov 2013

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 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

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

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

UTLC LEASEHOLD ENFRANCHISEMENT – Flat – collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 – valuation of the freeholder’s interest under paragraph 3 of Schedule 6 – marriage value under paragraph 4 Sir Keith Lindblom P, and Mr N. J. Rose FRICS [2013] UKUT 211 (LC) Bailii England and Wales Landlord … Continue reading Money and Others v Cadogan Holdings Ltd: UTLC 26 Jun 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

UTLC LEASEHOLD ENFRANCHISEMENT – Premium – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13, Part II – terms of new lease – unimproved freehold value – gross internal area basis preferred – deferment rate – Sportelli rate of 5% preferred – relativity following Sloane Stanley and Ors v Mundy and Ors – RICS … Continue reading Denholm v Stobbs: UTLC 20 Jun 2016

LT LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – intermediate lease of four flats – caretaker’s flat – whether intermediate leasehold interest in caretaker’s flat to be acquired – whether included in . .

LEASEHOLD ENFRANCHISEMENT – COLLECTIVE ENFRANCHISEMENT – development hope value – s. 24 and paras 2-5, Sch 6, Leasehold Reform, Housing and Urban Development Act 1993 – appeal dismissed . .

Leasehold Enfranchisement – flat – premium for new lease – relativity – Outer London property – whether FTT wrong to average RICS 2009 graphs for Greater London and England and to exclude most recent Prime Central London graphs – whether FTT . .