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Rosen v The Trustees of the Campden Charities

Series: Property, Planning and Compensation Reports ; (2000) P&CR 33-45(7)Publication details: 2000Subject(s): Summary: LT 14 May 1999. The appellant was entitled to purchase the freehold of 25 Kensington Gate but it had to be determined whether there had been improvements to the property which, by virtue of the Leasehold Reform Act 1967 s9 fell to be disregarded in the determination of the price. By a license of 1937 certain works were permitted but it was unclear when the works were carried out. Although there was evidence that the respondent (G) had been in occupation prior to the grant of the 1937 lease and the judge found that it was more likely than not that the works were begun and completed before the grant of the 1937 lease. The Leasehold Valuation Tribunal had not taken into account any improvements in determining the price of the house. Appeal allowed.
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Law report London Journal article ABS61971 (Browse shelf(Opens below)) 1 Available 104336-1001

LT 14 May 1999. The appellant was entitled to purchase the freehold of 25 Kensington Gate but it had to be determined whether there had been improvements to the property which, by virtue of the Leasehold Reform Act 1967 s9 fell to be disregarded in the determination of the price. By a license of 1937 certain works were permitted but it was unclear when the works were carried out. Although there was evidence that the respondent (G) had been in occupation prior to the grant of the 1937 lease and the judge found that it was more likely than not that the works were begun and completed before the grant of the 1937 lease. The Leasehold Valuation Tribunal had not taken into account any improvements in determining the price of the house. Appeal allowed.