Citations: [2015] UKFTT RP – LON – 00AZ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 June 2022; Ref: scu.627109

Citations: [2015] UKFTT RP – LON – 00BC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 June 2022; Ref: scu.627007

Citations: [2015] UKFTT RP – LON – 00AK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.627097

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

Acquisition of freehold (section 13 Leasehold Reform Housing and Urban Development Act 1993) Missing landlord Citations: [2015] UKFTT RP – LON – 00AY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627133

To determine the premium payable for the grant of new lease under part 1 of the leasehold reform housing and urban development act 1993) (17 November 2015 Citations: [2015] UKFTT RP – LON – 00AF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627017

Absentee landlord – determination of premium payable for a new lease pursuant to the leasehold reform housing and urban development act 1993 Citations: [2015] UKFTT RP – MR – LON – 0 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627020

Absentee landlord – determination of premium payable for new leases sections 26 and 27 leasehold reform housing and urban development act 1993 Citations: [2015] UKFTT RP – LON – 00AQ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627052

Application under section 91 (2)(d) of the leasehold reform housing and urban development act 1993 to determine the costs payable under section 60 Citations: [2015] UKFTT RP – LON – 00BF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627041

Section 51 leasehold reform housing and urban development act 1993 – determination of the appropriate sum and new lease terms Citations: [2015] UKFTT RP – LON – 00AZ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627008

Application for the determination of reasonable costs pursuant to sections 60 of the leasehold reform housing and urban development act 1993 Citations: [2015] UKFTT RP – LON – 00BC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627001

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

A notice claiming a right to acquire new lease, but which specified a nominal rent when a full rent and premium was clearly expected to be paid, was not a valid notice and would be set aside. Citations: Gazette 25-Nov-1998 Statutes: Leasehold Reform Housing and Urban Development Act 1993 42 Jurisdiction: England and Wales Landlord … Continue reading Cadogan v Morris: CA 25 Nov 1998

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

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

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 – intermediate leasehold interest – power of competent landlord to bind immediate landlord notwithstanding separate representation of immediate landlord – section 40(2) Leasehold Reform Housing and Urban Development Act 1993 [2014] UKUT 486 (LC) Bailii Leasehold Reform Housing and Urban Development Act 1993 40(2) England and Wales Landlord and Tenant Updated: 04 … Continue reading Howard De Walden Estates Ltd v Accordway Limited and Another: UTLC 28 Oct 2014

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

Service on a solicitor who does not have authority to accept service of the particular notice on behalf of his client is not valid service on that party. [2007] EWCA Civ 388, [2007] L and TR 28 Bailii Leasehold Reform Housing and Urban Development Act 1993, Landlord and Tenant Act 1987 48 England and Wales … Continue reading Glen International Ltd v Triplerose Ltd: CA 23 Mar 2007

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 – collective enfranchisement – initial notice not registered against freehold title – freehold transferred by registered proprietor to his wife and subsequently transferred back to him – whether initial notice ceased to have effect – price agreed unconditionally – whether open to reversioner to resile from agreement before all other terms finally … Continue reading Curzon v Wolstenholme and Others: UTLC 15 Apr 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

UTLC LEASEHOLD ENFRANCHISEMENT – flats and houses in prime central London – development potential – comparables – adjustments – valuation – development hope value – development value on reversion – appeals allowed in part – s. 9(1C) Leasehold Reform Act 1967 and s. 32 and Sch. 6 Leasehold Reform Housing and Urban Development Act 1993 … Continue reading John Lyon’s Charity v Alamouti: UTLC 28 Apr 2014

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

Goldring, McCombe LJJ, Sir Stanley Burnton [2014] EWCA Civ 27 Bailii Leasehold Reform Housing and Urban Development Act 1993 48(3) 49(1) England and Wales Landlord and Tenant Updated: 28 November 2021; Ref: scu.520101

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 LANDLORD AND TENANT – leasehold enfranchisement – reasonable costs – in-house solicitor – hourly charging rate – value of work undertaken – section 60 Leasehold Reform Housing and Urban Development Act 1993 – Appeal allowed [2013] UKUT 0362 (LC) Bailii Leasehold Reform Housing and Urban Development Act 1993 60 England and Wales Landlord and … Continue reading Arora Re Maud Road: UTLC 30 Jul 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

UTLC LANDLORD AND TENANT – leasehold enfranchisement – costs – Leasehold Reform Housing and Urban Development Act 1993, section 60 – absence of client care letter – refusal to admit additional evidence – VAT on . .

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 . .

A signature by an agent appointed under a power of attorney did not satisfy the statutory requirement of signature by the tenant on a section 13 notice. . .

Application Under S48 Leasehold Reform Housing and Urban Development Act 1993 . .

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 . .

The court was asked whether a caretaker’s flat was within the ‘common parts’ of the relevant premises for the purposes of Part I of the 1993 Act. . .