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West Hampstead Management Company Ltd v Pearl Property Ltd [2002] EWCA Civ 1372

Leasehold enfranchisement - “Valuation Date” under Leasehold Reform, Housing and Urban Development Act 1993, Sched 6 para 1(1)(a) referred to quality of interest concerned, ie date on which it was determined by agreement, or by Leasehold Valuation Tribunal, what freehold interest in specified premises was to be acquired

31 January 2003

The appellant was a nominee purchaser on behalf of a number of tenants in a block of flats. The tenants gave notice pursuant to s 13 of the Leasehold Reform, Housing and Urban Development Act 1993 to acquire the freehold of those premises collectively. The landlord issued a counter-notice challenging the tenants’ right to serve the notice. On 5 May 1999 an order was made by consent, in proceedings brought by the appellant, declaring the right of the tenants to enfranchisement. On 12 January 2000 the landlord served a fresh counter-notice following inspection by its valuers. In that counter-notice it sought the leaseback of the two empty flats of the property. In February and March 2000 there were hearings before the Leasehold Valuation Tribunal. The Tribunal determined the terms of the acquisition and rejected the appellant’s contention that the appropriate date of valuation was 5 May 1999. The Tribunal held that the date was no earlier than 22 February 2000, and it selected that d...

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