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Hildron Finance Ltd v Greenhill Hampstead Ltd [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: LRA 120 2006, 10 January 2008. Considers whether, in a leasehold valuation tribunal, the generic five percent deferment rate set by the case of Earl Cadogan v Sportelli should be departed from in an area marginally outside the area known as prime central London. The landlord (H) appealed against a valuation of its interest in a property. The respondent company (G) had been nominee purchaser of a block of flats in Hampstead. The tribunal allowed a deferment rate of seven percent. H contended that the precedent set by the Sportelli case should apply and that the deferment rate should be five percent. "Held": The decision in the Sportelli case had been aimed at setting a generic deferment rate for properties in prime central London. Although Hampstead was not within this area, the court saw no reason to depart from the level that had been set in that case. Appeal allowed. The deferment was reduced to five percent and the valuation of the landlord's interest increased accordingly.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 142798-1001

LRA 120 2006, 10 January 2008. Considers whether, in a leasehold valuation tribunal, the generic five percent deferment rate set by the case of Earl Cadogan v Sportelli should be departed from in an area marginally outside the area known as prime central London. The landlord (H) appealed against a valuation of its interest in a property. The respondent company (G) had been nominee purchaser of a block of flats in Hampstead. The tribunal allowed a deferment rate of seven percent. H contended that the precedent set by the Sportelli case should apply and that the deferment rate should be five percent. "Held": The decision in the Sportelli case had been aimed at setting a generic deferment rate for properties in prime central London. Although Hampstead was not within this area, the court saw no reason to depart from the level that had been set in that case. Appeal allowed. The deferment was reduced to five percent and the valuation of the landlord's interest increased accordingly.