Determination of Price Payable on Enfranchisement under S9(1) Leasehold Reform Act 1967 ( the Act )

Similar documents
LEASEHOLD REFORM HOUSING AND URBAN DEVELOPMENT ACT 1993, AS AMENDED SECTION 48. First floor flat, 82 Twickenham Road, Leytonstone, London Eli 4BW

The property is located in an established residential area well served by local amenities and readily accessible to local shops and amenities.

Enfranchisement and lease extension A short guide

GUIDANCE NOTES IN RESPECT OF EXTENDING YOUR LEASE

TACKLING UNFAIR PRACTICES IN THE LEASEHOLD MARKET RESPONSE OF ANTHONY COLLINS SOLICITORS LLP ( ACS )

COLLECTIVE ENFRANCHISEMENT

Buying a 90 year extension of your flat lease (Leasehold Reform, Housing and Urban Development Act 1993)

H M COURTS & TRIBUNALS SERVICE LEASEHOLD VALUATION TRIBUNAL

SHEPHERDS BUSH HOUSING ASSOCIATION LEASE EXTENSION POLICY

To: Andrew Clark Your Ref: Our Ref: From: Louise Staples & Hannah Burden Date: 14 June 2010 Location: NFU HQ, Stoneleigh

Preliminary Notice Application for the Appointment of a Manager (Section 22, Landlord and Tenant Act 1987)

Leasehold Property - Lease Extensions

Heathrow Expansion. Land Acquisition and Compensation Policies. Interim Property Hardship Scheme. Policy Terms

NON-EXCEPTED AREAS - POLICY AND GUIDANCE (January 2016 Edition)

Residential Flat Lease Extensions Information for Leaseholders on Extending Your Lease

Valuation Presentation for the Residents of the Central Hill Estate

Lease extensions a practical guide

Request for Alterations Information Request

3. How much will 3,000 invested now amount to in eight years time if interest is earned at 5 per cent?

Leasehold Reform Bill

Staircasing Buying more shares in your home

Classification: Public. Heathrow Expansion. Land Acquisition and Compensation Policies. Interim Property Hardship Scheme 1.

REQUEST FOR CONSENT TO ALTER OR ADD TO A LEASEHOLD PROPERTY Guidance Notes for Leaseholders

Leasehold home ownership: buying your freehold or extending your lease. Law Commission Consultation Paper

Islington & Shoreditch HA Lien Viet HA. Staircasing Guide For Shared Owners

Your guide to: Staircasing. How to buy further shares in your Shared Ownership home. Great homes, positive people, strong communities

GUIDANCE NOTES ON BUYING YOUR FREEHOLD AS A GROUP OF FLAT OWNERS

Promoter s Introduction to Land Compensation. Colin Smith FRICS

Lease Extension Interested in extending your lease? We hope you find this guide useful in informing you of your options and how to go about it.

Your guide to: Extending your lease

Leasehold Management

EXHIBIT LIST No Exhibit Name Page 1 P7 Compensation Presentation.pdf (P7) 2-47

Leasehold reform in England and Wales

Leases (S.566) Manual Part

Buying the Freehold Interest in your Building with other flatowners (Leasehold Reform, Housing and Urban Development Act 1993)

Tenure confusion: are shared ownership lessees assured tenants, long lessees or both? TRISTAN SALTER Five Paper October 2018

CJC response to the DCLG consultation on: TACKLING UNFAIR PRACTICES IN THE LEASEHOLD MARKET

HOUSING REGENERATION LAND ACQUISITION STRATEGY. Strategy for the acquisition of land for estates undergoing redevelopment

Supporting Older People Conference

A Leasehold Guide to Alterations for Flats

HM COURTS AND TRIBUNALS SERVICE RESIDENTIAL PROPERTY TRIBUNAL SERVICE LEASEHOLD VALUATION TRIBUNAL MAN/00CVLAC/2012/0022

The project will be a wide-ranging review of residential leasehold law, focussing in the first instance on reform to:

make it happen Information on Right To Buy Lease Extension

Freehold to Leasehold Title Splitting Remember Shaving Foam

BUYING YOUR FREEHOLD OR EXTENDING YOUR LEASE A guide for leaseholders

Tackling unfair practices in the leasehold market: A consultation paper Response from NAEA Propertymark September 2017

THE CHURCH OF ENGLAND PENSIONS BOARD

Re: Lands at Inchanny, Strabane. Belfast 12 th March Lands Tribunal - Henry M Spence MRICS Dip.Rating IRRV (Hons)

Your Guide to Staircasing

CROSSRAIL INFORMATION PAPER C10 - LAND DISPOSAL POLICY

THE KIAMBU COUNTY VALUATION AND RATING BILL, 2015 ARRANGEMENT OF CLAUSES PART I PRELIMINARY PART II ADMINISTRATION PART III- VALUATION

Lease extensions for flats

Your guide to: Extending your lease

Application Form for Alterations. Property Address: Daytime tel No: Evening tel no: Mobile: address(es): Alternative mailing address:

Queensway Lodge & The Orchards, Poulton-le-Fylde

LONDON LIFE INSURANCE CO. ASSESSOR OF AREA 9 -- VANCOUVER. Supreme Court of British Columbia (A872713) Vancouver Registry

Discretionary Freehold Purchase

LBL response to Lewis Silkin Comment

PURPOSE FOR WHICH TO BE USED

PAGE INTRODUCTION 2 ABOUT ENGLISH RURAL 2 HOW SHARED OWNERSHIP WORKS 2 WHO QUALIFIES 3 THE COSTS 3 AFFORDABILITY 4 BUYING EXTRA SHARES 4

RECOVERING COSTS IN THE FIRST-TIER TRIBUNAL. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2014

The Landlord and Tenant Act 1954 governs the rights and obligations of landlords and tenants of

19 September Tackling unfair practices in the leasehold market. Introduction

Old Laxey Hill, Laxey, IM4 7BT Asking price 249,950

The amount of compensation payable is based on a combination of:

RECOVERING COSTS IN THE LVT. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2013

Tariff Style S106 Contributions. Background

Botley Centre Oxford

COMMONHOLD AND LEASEHOLD REFORM ACT LEASE EXTENSION Getting Started

The Ridings, 196 Old Station Road Hampton in Arden, Solihull B92 0HH

Introducing Property Valuation

The freehold for the 3B s has recently been purchased from Freshwaters by a group of 83 leaseholders together with a property fund.

Private Housing (Tenancies) (Scotland) Bill [AS AMENDED AT STAGE 2]

A Guide to Commercial Lease Alterations

DETACHED HOUSE WITH ADJACENT BUILDING PLOT 20 Homefield Road, Worthing, West Sussex, BN11 2HZ

SINGLE PAYMENT FULL REVERSION EQUITY RELEASE PLAN. Plan 1 Freehold Full Reversion

TRENDY SOUGHT AFTER LOCATION. agg.uk.com PECKHAM, SOUTH LONDON PUB WITH PLANNING CONSENT

Administration charges

PROPERTY MANAGEMENT IN SCOTLAND

A New Future For Heathside and Lethbridge. Heathside and Lethbridge Regeneration Offer to Leaseholders

For Sale Deane Villa, Holywell Lake, Wellington, TA21 0HF. Residential Care Investment Opportunity

Second Floor, 17/19 Market Place, Wetherby, Leeds, LS22 6LQ

Challenges of Shared Ownership. Steve Chapman

Land at East Bay Close, Cardiff. Planning Statement Proposed Redevelopment to Provide Student Accommodation.

PROPERTY LITIGATION ASSOCIATION

UNIT 7 THE LAND ACQUISITION ACT (LAA), 1894: AWARD AND COMPENSATION

Review of Strata Legislation in NSW. Submission by the. Owners Corporation Network of Australia Limited. Part 3. OCN Strata Renewal Model.

Small Self Administered Scheme. Property Notes

A Guide to Lease Extensions for the Barbican Estate

F O R S A L E (L O N G L E A S E H O L D) STONEY STANTON ROAD COVENTRY CV1 4FF

1. What are the current challenges to enforcement of multi-tiered dispute resolution clauses?

STAR PUBLICATIONS (MALAYSIA) BERHAD ( STAR

SUPREME COURT OF QUEENSLAND

Freehold Offers are invited in excess of at 174,999 subject to contract and exclusive of VAT where chargeable.

Guidance Notes for Solicitors

The Right to Acquire. Contents. Contents Making an informed decision Can you buy your home? How to buy your home 7. 4.

Introducing. Property. Valuation. Second edition. Michael Blackledge. Routledge R Taylor & Francis Croup LONDON AND NEW YORK

Right to Buy LEASE CONFERENCES. Disclaimer

AN BINSE LUACHÁLA VALUATION TRIBUNAL. AN tachtanna LUACHÁLA, VALUATION ACTS, Tullow Rugby Football Club. and

Interested in buying your own home?

Transcription:

LON/00AY/OAF/2011/0009 LEASEHOLD VALUATION TRIBUNAL FOR THE LONDON RENT ASSESSMENT PANEL S21 (1)(A) LEASEHOLD REFORM ACT 1967 Property Applicant 19 VAUXHALL WALK, LAMBETH, LONDON SE11 5JT JOHN ANTHONY STEVENS Respondent ANTHONY JAMES EDWARD ARDEN (Missing Landlord) Hearing PAPER DETERMINATION The Tribunal Mr P M J CASEY MRICS Determination of Price Payable on Enfranchisement under S9(1) Leasehold Reform Act 1967 ( the Act ) Background 1. The Applicant is the owner of a long leasehold interest in the property for a term of 99 years from 24 June 1971 at a Ground Rent of 60.00 per annum, with the tenant responsible for all repairs to and for insuring the property. 2. The Applicant wishes to acquire the Freehold Interest in the property under the provisions of the Act but has been unable to trace the Freeholder to serve the requisite notice.

3. Through Capulet Solicitors he accordingly applied under S27 of the Act to the County Court for an Order for the Freehold Interest to be vested in him. 4. On 14 April 2011 District Judge Ostroff sitting in the Lambeth County Court made the Order sought. This required that the purchase price be determined by the Leasehold Valuation Tribunal and the sum so determined together with ground rent arrears for the six year period prior to payment be paid into Court after which a District Judge of the Court would on request execute the Transfer Deed in the form of the draft attached to the Order. 5. Following Capulet Solicitors application to the Tribunal the Tribunal issued preliminary directions on 18 April 2011for a paper determination. The Evidence 6. A report and valuation dated 12 May 2011 prepared by Wilson Dunsin MRICS of Dunsin Surveyors was included in the hearing bundle provided in accordance with the directions. 7. The report gives the Rateable Value of the property as 177 which is well below the limits specified in the Act and the original S9(1) basis of valuation, assuming a fifty year Lease extension at a Modern Ground Rent on the expiration of the existing Lease term, is correctly identified as being applicable. 8. At the valuation date, 7 December 2010, the date of application to the County Court, the existing Lease had 59.55 years unexpired. 9. Mr Dunsin describes the property as being a two storey mid-terrace brick and tile house erected some 40 years ago as part of a small development surrounded by a large local authority housing estate in Vauxhall, a short distance to the East of the Embankment and

the main Waterloo railway line. Tenant s improvements include a recent loft conversion to provide an additional, third, bedroom replacement double glazed windows and modernized kitchen and bathroom. 10. Mr Dunsin s valuation approach to determine the premium payable is to firstly capitalize at 8% the passing ground rent of 60 per annum for the reminder of the existing term then to assess the modern ground rent to be paid under the 50 year lease extension which he then capitalizes in perpetuity before deferring the resultant sum for the existing unexpired term. 11. To arrive at a modern ground rent for the site notionally cleared of the building he adopts what is commonly known as the standing house approach by which a percentage of the freehold vacant possession of the whole property is taken as the capital value of the notionally cleared site. This sum is then devalued to give the modern ground rent. 12. From the details of four sales of comparable properties given in his report he determines the entirety value at 430,000. He takes 25% of this sum as the site value and devalues this at 5% to give a modern ground rent of 5,375 per annum. This he capitalizes in perpetuity at 5% before deferring the result for 59.55 years at 5%. The price to be paid for the freehold that he arrives at is 6,625. 13. Mr Dunsin clearly explains his reasoning for each stage of the valuation in the report and cites extensively Lands Tribunal decisions in support of his approach. Decision 14. The report Mr Dunsin has provided is thorough and well reasoned and the opinions he expresses in it are accepted as fair and proper in all save two respects: the percentage of

the standing house value adopted as the capital value of the site and the capitalization of the modern ground rent in perpetuity. 15. His basis for adopting 25% for the former is based entirely on Lands Tribunal decisions, Lewis V James (1981) and a whole host of others referred to in paragraph 8-10 of Hague on Leasehold Enfranchisement, the majority of which were given as long ago as Lewis, 30 years ago, or even earlier. In the intervening years the rise in residential land values has far outstripped the rise in construction costs with the consequence that the land value element of the value of a house is a significantly higher percentage of the whole today. Decisions of the Upper Tribunal on issues of law or valuation principle are generally to be followed by valuers and LVTs but they do not provide evidence that can be given any weight in other cases as each is determined on its own facts and evidence. Whilst this is a small plot and its immediate surroundings leave something to be desired it is just across the River from Westminster and is convenient for the city. Based on the Tribunal s knowledge and experience of cases determined in recent years the appropriate percentage to adopt for site value is 40%. 16. The second point on which the Tribunal takes issue is the disregard of the so called Haresign addition. This house will be 150 years old at the end of the assumed 50 year lease extension but there are countless numbers of modest, traditionally built houses throughout the country of similar age or older which continue to provide adequate homes and there is no reason to suppose this one would not. The higher deferment rates commonly used 30-40 years ago may well have rendered the reversion valueless and hence the practice of valuing the modern ground rent in perpetuity but Sportelli has changed that and it is now common in lease extension cases to value distant reversions. The evidence in Mr Dunsin s report suggests a value for the property, disregarding tenant s improvements,

of 320,000 which should be deferred at the Sportelli house rate of 4.75% as it is not a reversion to the capitalized modern ground rent as in Mansal Securities and other appeals referred to by Mr Dunsin. 17. The Tribunal accordingly determines the purchase price of the freehold interest in 19 Vauxhall Road in the sum of 11,360. The Tribunal s valuation is attached. P M J CASEY MRICS Chairman Dated 27 June 2011

Determination of Price Payable on Enfranchisement Section 9(1) Leasehold Reform Act 1967 19Vauxhall Walk, London SE11 5JT Valuation Date 7 December 2010 Unexpired Term 59.55 years A Capitalization of Passing Ground Rent Per annum 60 YP 59.55 years at 8% 12.3722 742 B Calculation of S15 Modern Ground Rent Freehold VP value developed to full potential 430,000 Site value at 40% 172,000 Modern ground rent per annum @ 5% 8,6000 Capitalized for 50 years @ 5% and deferred 59.55 years @ 5% 1.004 8,634 C Reversion to Freehold VP value disregarding 320,000 Tenant s improvements Deferred 109.55 years @ 4.75% 0.0062 1,984 11,360