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Earl Cadogan and Cadogan Estates Limited v Michelle Francesco Sportelli and Lara-Lynn Victoria Lamont Sportelli and four other appeals

Language: English Publication details: 2006Subject(s): Online resources: Summary: LRA/50/2005, 15 September 2006. Concerns the determination of the correct deferment rate and the proper valuation of any hope value in two collective enfranchisement decisions. Two appeals against decisions of the London LVT were contested. The following matters were disputed: (a) the LVT's determination of a general deferment rate of 6% which excluded any hope value and (b) whether the Leasehold Reform, Housing and Urban Development Act 1993 excluded the hope value in valuing the reversion in a collective enfranchisement and if it was not excluded how the reversion should be valued. "Held": the issues were determined. A general deferment rate of 5% for flats and 4.75% for houses was applicable. On the true construction of Scheds 6 and 13 of the Act no account should be taken of any hope value or any marriage value (unless specifically provided) in valuing the landlord's interest. If these matters had to be taken into account then a lump sum should be applied to the reversion's value prior to the statutory marriage value apportionment relating to the unexpired length of the lease.
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Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 135153-2001

LRA/50/2005, 15 September 2006. Concerns the determination of the correct deferment rate and the proper valuation of any hope value in two collective enfranchisement decisions. Two appeals against decisions of the London LVT were contested. The following matters were disputed: (a) the LVT's determination of a general deferment rate of 6% which excluded any hope value and (b) whether the Leasehold Reform, Housing and Urban Development Act 1993 excluded the hope value in valuing the reversion in a collective enfranchisement and if it was not excluded how the reversion should be valued. "Held": the issues were determined. A general deferment rate of 5% for flats and 4.75% for houses was applicable. On the true construction of Scheds 6 and 13 of the Act no account should be taken of any hope value or any marriage value (unless specifically provided) in valuing the landlord's interest. If these matters had to be taken into account then a lump sum should be applied to the reversion's value prior to the statutory marriage value apportionment relating to the unexpired length of the lease.