Case Law

We provide summaries and analysis of important landmark legal decisions from the LVT, First-tier Tribunal (Property Chamber) and Higher Courts affecting the residential leasehold property sector. It is a valuable resource for anyone involved in this industry.
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Management Nominees (Reversions) Limited (Freeholder) v Yates

Enfranchisement
Report of the enfranchisement case Management Nominees (Reversions) Limited (Freeholder) v Yates, case reference BIR/41UK/OAF/2012/0014, decided in the Leasehold Valuation Tribunal on 27/10/2010. The case of Management Nominees (Reversions) Limited (Freeholder) v Yates involved the purchase of the freehold interest in a residential apartment in Birmingham under the Leasehold Reform, Housing and Urban Development Act 1993.

Coolrace Limited, Midlands Freeholds Limited, Fell Estates Limited

Appeals
Report of the appeal case Coolrace Limited, Midlands Freeholds Limited, Fell Estates Limited, case reference LRA/39/2011 LRA/45/2011 LRA/47/2011 LRA/61/2011, decided in the Lands Tribunal on 29/02/2012. The case of Coolrace Limited, Midlands Freeholds Limited, Fell Estates Limited was an appeal against decisions of the Leasehold Valuation Tribunal in relation to the premiums payable for the purchase of new leases of five residential apartments in the West Midlands under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993.

Kutchukian v The Keepers and Governers of the Possessions Revenues and Goods of the Free Grammar School of John Lyon

Enfranchisement
Report of the enfranchisement case Kutchukian v The Keepers and Governers of the Possessions Revenues and Goods of the Free Grammar School of John Lyon, case reference LON/00BK/OCE/2009/0081, decided in the Leasehold Valuation Tribunal on 19/10/2009. The case of Kutchukian v The Keepers and Governers of the Possessions Revenues and Goods of the Free Grammar School of John Lyon involved the purchase of the freehold interest in a residential property in London under the Leasehold Reform Act 1967.

Shoa and Shoa v Nikoltseva and Kosstych

Appeals
Report of the appeal case Shoa and Shoa v Nikoltseva and Kosstych, case reference LRA/83/2011, decided in the Upper Tribunal (Lands Chamber) on 16/13/2012 against a decision of the Leasehold Valuation Tribunal determining the premium payable for a new lease of a residential apartment in London under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993.

Dashwood Properties Limited v Chrisostom-Gooch

Appeals
Report of the appeal case Dashwood Properties Limited v Chrisostom-Gooch, case reference LRA/98/2011, decided in the Upper Tribunal (Lands Chamber), appealing the decision of the Leasehold Valuation Tribunal. The appeal case of Dashwood Properties Limited v Chrisostom-Gooch involved the assessment of costs payable in relation to the purchase of a new lease of a residential apartment in London under the Leasehold Reform, Housing and Urban Development Act 1993.

Cravecrest Limited v Sixth Duke of Westminster and Vowden Investments Limited

Enfranchisement
Report of the enfranchisement case Cravecrest Limited v Sixth Duke of Westminster and Vowden Investments Limited, case reference DD/LON/OOBK/OCE/2009/0196, decided in the Leasehold Valuation Tribunal on 12/09/2010. The case of Cravecrest Limited v Sixth Duke of Westminster and Vowden Investments Limited involved the purchase of the freehold interest in a residential apartment in London under the Leasehold Reform, Housing and Urban Development Act 1993.

Clarke and Clarke v Missing Landlord

Enfranchisement
Report of the enfranchisement case Clarke and Clarke v Missing Landlord, case reference CAM/11UC/OAF/2010/0011, decided in the Leasehold Valuation Tribunal on 22/02/2011. The case of Clarke and Clarke v Missing Landlord involved the purchase of the freehold interest in a residential property in Buckinghamshire under the Leasehold Reform Act 1967.

Yeats v City and Country Properties Limited

Lease Extension
Report of the lease extension case Yeats v City and Country Properties Limited, case reference CHI/45UF/OLR/2010/0051, decided in the Leasehold Valuation Tribunal on 22/11/2010. The case of Yeats v City and Country Properties Limited involved the purchase of a new lease of a residential apartment in West Sussex under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993.

31 Croydon Road Limited v Sinclair Gardens Investments (Kensington) Limited

Enfranchisement
Report of the enfranchisement case 31 Croydon Road Limited v Sinclair Gardens Investments (Kensington) Limited, case reference CHI/43UF/OCE/2010/0022, decided in the Leasehold Valuation Tribunal on 18/05/2011. The case of 31 Croydon Road Limited v Sinclair Gardens Investments (Kensington) Limited involved the purchase of the freehold interest in a residential apartment in Surrey under the Leasehold Reform, Housing and Urban Development Act 1993.

Humble and Others v C A Trott (Plant Hire) Limited

Lease Extension
Report of the lease extension case Humble and Others v C A Trott (Plant Hire) Limited, case reference CAM/33UC/OLR/2011/0035-37, decided in the Leasehold Valuation Tribunal on 14/09/2011. The case of Humble and Others v C A Trott (Plant Hire) Limitedd involved the purchase of a new lease of four residential apartments in Norwich under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993.

Ackerman and Ackerman v A Mooney and Others

Enfranchisement
Report of the enfranchisement case Ackerman and Ackerman v A Mooney and Others, case reference CHI/00HN/OLE/2008/0002, decided in the Leasehold Valuation Tribunal on 20/11/2012. The case of Ackerman and Ackerman v A Mooney and Others involved the purchase of the freehold interest in a residential property in Dorset under the Leasehold Reform Act 1967.

Redrow Regeneration (Barking) Ltd v Edwards

Other
A preliminary issue arose as to whether the landlord had properly calculated the service charges in accordance with the lease. In short, charges were payable in respect of “the Development” but that phrase was not defined in the leases.

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Case Law Editorial Team

Jonathan Upton
Managing Editor
Barrister, Serle Court
Justin Bates KC
Associate Editor
Barrister, Landmark Chambers

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