Enfranchisement
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Enfranchisement: can FTT undertake the material enhancement valuation exercise?
It is not the role of the First-tier Tribunal to carry out an assessment of whether a restrictive…
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Secretary of state for defence was entitled to enfranchise ex-MoD houses
R (on the application of Annington Properties Ltd and others) v Secretary of State for Defence
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Enfranchisement: improvements and the reality principle revisited
In Cadogan Holdings Ltd v Alberti the Court of Appeal has upheld the decision of the Upper Tribunal…
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Sportelli can only be challenged on the basis of persuasive authority
Appellant argued risk-free rate used in calculating the deferment rate was no longer correct
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Enfranchisement: determination of the hope value is fact-specific
In Francia Properties Ltd v St James House Freehold Ltd the Upper Tribunal (Lands Chamber) observed…
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Substantially the whole of a leasehold house
Untangling the right to enfranchise
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A common sense approach to structural detachment
Was a building structurally detached to serve a single notice in a claim to enfranchise?
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Enfranchisement: when is a building structurally detached?
The High Court has advocated a common sense approach to construing whether a development is…
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Personal representatives get green light for a lease extension
The Leasehold Reform, Housing and Urban Development Act 1993 enables qualifying tenants of flats to purchase extended leases at peppercorn rents. And, if a leaseholder who qualifies dies before making…
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Pricing lease extensions on the assumption that there are ‘no-Act rights’
Crown Estate Commissioners v Whitehall Court London Ltd [2018] EWCA Civ 1704; [2018] PLSCS 132concerned the apportionment of a premium for a lease extension between the head landlord and the…
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Valuing ground rents in enfranchisement claims
Disputes over valuation probably account for most of the disputed enfranchisement cases that are referred to the First-tier Tribunal (Property Chamber). Very often the arguments are over the correct approach…
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To qualify for enfranchisement, property must be appurtenant to flats or must be shared in the sense of being available to tenants for physical – and not just visual – use
Tenants exercising rights of collective enfranchisement under the Leasehold Reform Housing and Urban Development Act 1993 are entitled to purchase the freehold of their building and any common parts.