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John Lyon's Charity v Shalson

Series: Estates Gazette ; [2002] 26 EG 141-145(5) | Weekly Law Reports ; [2002] 3 WLR 1664-1668(5) | Court of Appeal (Civil Division) ; [2002] EWCA Civ 538Publication details: 2002Subject(s): Summary: CA, 15 April 2002. Appellant tenant (S) held a lease of a detached house from the respondent freehold owner (J). The lease was granted in 1947 and had been preceded by others. S sought to enfranchise the freehold under the Leasehold Reform Act 1967. The property had initially been converted into flats following the 1947 lease and subsequently altered by different assignees, first into two units and then converted by S into a single family house. In an appeal to the LT, the member decided that the Leasehold Reform Act 1967 s9(1A)(d) did not apply and that all the work had done was effectively reverse the conversion of the property into five flats, which latter arrangement would, if left in place, have diminished its total value at the valuation date. S appealed contending that the value of the premises had been increased by an improvement to it, that being to convert it from five flats into a single property. "Held": appeal dismissed on the grounds that the disregard in s9(1A)(d) must be construed as a whole and that the alleged works of improvement did nothing more than alter previous works to the property.
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Law report London Journal article ABS65746 (Browse shelf(Opens below)) 1 Available 119057-1001

CA, 15 April 2002. Appellant tenant (S) held a lease of a detached house from the respondent freehold owner (J). The lease was granted in 1947 and had been preceded by others. S sought to enfranchise the freehold under the Leasehold Reform Act 1967. The property had initially been converted into flats following the 1947 lease and subsequently altered by different assignees, first into two units and then converted by S into a single family house. In an appeal to the LT, the member decided that the Leasehold Reform Act 1967 s9(1A)(d) did not apply and that all the work had done was effectively reverse the conversion of the property into five flats, which latter arrangement would, if left in place, have diminished its total value at the valuation date. S appealed contending that the value of the premises had been increased by an improvement to it, that being to convert it from five flats into a single property. "Held": appeal dismissed on the grounds that the disregard in s9(1A)(d) must be construed as a whole and that the alleged works of improvement did nothing more than alter previous works to the property.