Hedonic regression and relativity

The question of the use of hedonic regression in the calculation of relativity is, I suspect, not breakfast table conversation for some of our readers even if it would appear that in the bars of Chelsea they talk of nothing else. The Upper Tribunal’s decision in Re: 47 Phillimore Gardens (available on the Upper Tribunal […]

Flats less risky

At least less risky for property investors. That is the basis of the Upper Tribunal’s decision in Voyvoda v Grosvenor West End Properties, which we have managed to miss reporting because of the Summer break. Voyvoda is all about the “deferment rate” used in enfranchisement cases. I am sure most of our readers’ eyes will […]

It’s easier to get forgiveness than permission

Westbrook Dolphin Square Ltd v Friends Provident Life and Pensions Ltd [2011] EWHC 2302 (Ch) This is probably one of the most factually complicated collective enfranchisement cases imaginable. In outline, as you know, qualifying tenants of flats have the right to force their landlord to sell them the freehold of the property containing their flats. […]

Take only what you need

Hemphurst Ltd v Durrels House Ltd [2011] UKUT 6 (LC) is, I suspect, going to go on appeal to the Court of Appeal. Certainly, if you practice in the field of leasehold enfranchisement, it’s one you’ll want to know about as it’s pretty important. In general terms, qualifying tenants of flats have a right to […]

Marriage value

McHale v Cadogan [2010] EWCA Civ 1471 is turning into a bit of a Jarndyce v Jarndyce. We noted the first part of the Court of Appeal decision earlier in the year here and ended it by saying: “The appeal also raised another issue, namely whether the intermediate leasehold interest should be valued using the […]

Statutory Instruments to read by the pool

Apparently Dan Brown (he of “The Da Vinci Code” nonsense) is bringing out a new book shortly. I can’t imagine why anyone would want to read it. Especially given that there are (just this week!) three relevant statutory instruments to consider. Ideal poolside reading if I ever saw it. The first two are the Housing […]

Procedure in the Lands Tribunal

The Lands Tribunal has handed down a number of important decisions in the last week that those working in the field of leasehold enfranchisement need to be aware of. Earl Cadogan v Erkman LRA/56/2007 & LRA/68/2007 (links to a .pdf file) concerns attempts to get around the decision of the Court of Appeal in the […]

Effluxion of time and enfranchisement

Ackerman and another v Lay and others [2008] EWCA Civ 1428 (not on Bailli, but available via Lawtel) The appellants/tenants were the leasehold owners of a building and the respondents were the freehold owners of the same. The building had been subdivided into five flats, one of which was occupied by the appellants. In 2000, […]

Enfranchisement – is it all hope(value)less?

Earl Cadogan and other v Pitts and another; Earl Cadogan and another v Sportelli and another [2008] UKHL 71 Enfranchisement is the process whereby leaseholders can force their freeholder to sell them the freehold of the property. The Leasehold Reform Act 1967 provided for the enfranchisement of leasehold houses whilst those who live in flats […]