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This was a claim to acquire the freehold of a house under the Leasehold Reform Act 1967. In 1991, the original tenants were granted a 99-year lease at a modest premium and nominal ground rent of £45 per year. The lease provided for a review of the ground rent at 25-year intervals. The review provision provided that the new rent should be a sum “representing the open market letting value of the land” as if it were a vacant site that had not been built on and which had planning permission for residential development.
The relevant factual background is both interesting and a bit unusual. The Respondent, Ms Oliver, held a long lease of a flat that she had acquired from the Council pursuant to the right to buy. Under that lease she covenanted to pay by way of a service charge a contribution to the cost of carr