Caroline Linda Annette Neville v The Cowdray Trust Ltd and Rathbone Trust Company Ltd
Caroline Linda Annette Neville v The Cowdray Trust Ltd and Rathbone Trust Company Ltd
- 2006
[2006] EWCA Civ 709, 5 May 2006. Considers whether the judgment that a tenant had satisfied the low rent requirements of the Leasehold Reform Act 1967 s4A was correct. Appeal by C against a declaration that N was entitled to purchase the freehold conversion of a property. N had been assigned in the tenancy in 1987 of two cottages converted into one dwelling house with a rateable value registered at £158. N sought entitlement to enfranchisement under the Act on the grounds that she had a long lease and satisfied the low rent test stipulated in s4A of the Act as the single dwelling had not existed at the time of the original lease and therefore had no rateable value. C contended that the judge had erred in his decision and that the Rent Act 1977 s25(1) applied to the ascertainment of the rateable value of the property under s4A of the 1967 Act. "Held": the judge erred in holding that the property had no rateable value at the commencement of the tenancy. The effect of the application of s25(1) of the 1977 Act to s4(A) of the 1967 Act was to direct attention to heriditaments whose value was shown in the rateable value register.
NEVILLE V COWDRAY TRUST AND ANOTHER
RENT ACT 1977 S25(1)
England and Wales--1543-
[2006] EWCA Civ 709, 5 May 2006. Considers whether the judgment that a tenant had satisfied the low rent requirements of the Leasehold Reform Act 1967 s4A was correct. Appeal by C against a declaration that N was entitled to purchase the freehold conversion of a property. N had been assigned in the tenancy in 1987 of two cottages converted into one dwelling house with a rateable value registered at £158. N sought entitlement to enfranchisement under the Act on the grounds that she had a long lease and satisfied the low rent test stipulated in s4A of the Act as the single dwelling had not existed at the time of the original lease and therefore had no rateable value. C contended that the judge had erred in his decision and that the Rent Act 1977 s25(1) applied to the ascertainment of the rateable value of the property under s4A of the 1967 Act. "Held": the judge erred in holding that the property had no rateable value at the commencement of the tenancy. The effect of the application of s25(1) of the 1977 Act to s4(A) of the 1967 Act was to direct attention to heriditaments whose value was shown in the rateable value register.
NEVILLE V COWDRAY TRUST AND ANOTHER
RENT ACT 1977 S25(1)
England and Wales--1543-