Zuckerman and Ors v Trustees of Calthorpe Estate
Zuckerman and Ors v Trustees of Calthorpe Estate
- 2009
[2009] UKUT 235 (LC), LRA/97/2008 18 November 2009. Appeal against LVT decision by 11 leaseholders on a block of flats in the West Midlands claiming new leases under the Leasehold Reform Housing and Urban Development Act 1993. Appeal against the standard 5% deferment rate set out in "Sportelli v Earl Cadogan" (L146351) [2008] UKHL 71 on grounds of deterioration and obsolescence, prospects of future growth and the appropriate allowance for flats. Recognised that there was a greater risk of deterioration in the properties in the West Midlands than in Prime Central London as would have applied in ?Sportelli? allowing a 0.25% risk premium, 0.5% was allowed for future growth and an additional 0.5% for flats management problems. Deferment rate increased from 5% to 6%.
EARL CADOGAN V PITTS & ANOR AND EARL CADOGAN & ORS V SPORTELLI & ANOR AND TWO OTHER ACTIONS
CULLEY V DAEJAN PROPERTIES LTD
ZUCKERMAN V TRUSTEES OF CALTHORPE ESTATE
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993
SPORTELLI
ENGLAND AND WALES
[2009] UKUT 235 (LC), LRA/97/2008 18 November 2009. Appeal against LVT decision by 11 leaseholders on a block of flats in the West Midlands claiming new leases under the Leasehold Reform Housing and Urban Development Act 1993. Appeal against the standard 5% deferment rate set out in "Sportelli v Earl Cadogan" (L146351) [2008] UKHL 71 on grounds of deterioration and obsolescence, prospects of future growth and the appropriate allowance for flats. Recognised that there was a greater risk of deterioration in the properties in the West Midlands than in Prime Central London as would have applied in ?Sportelli? allowing a 0.25% risk premium, 0.5% was allowed for future growth and an additional 0.5% for flats management problems. Deferment rate increased from 5% to 6%.
EARL CADOGAN V PITTS & ANOR AND EARL CADOGAN & ORS V SPORTELLI & ANOR AND TWO OTHER ACTIONS
CULLEY V DAEJAN PROPERTIES LTD
ZUCKERMAN V TRUSTEES OF CALTHORPE ESTATE
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993
SPORTELLI
ENGLAND AND WALES