Earl Cadogan and Cadogan Estates Limited v Michele Francesco Sportelli and Kara-Lynn Victoria Lemont Sportelli and three other appeals [electronic resource]
Language: English Publication details: 2007Subject(s):- LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 SCHED 6
- LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 SCHED 13
- EARL CADOGAN AND ANOTHER V SPORTELLI AND ANOTHER
- England and Wales -- 1543-
- RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL LEASES-RESIDENTIAL LEASEHOLD ENFRANCHISEMENT
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 141130-2001 |
[2007] EWCA Civ 1042, 25 October 2007. The appeals concerned the deferment rate which is applied to vacant possession value and the proper valuation of any hope value in collective enfranchisement decisions. The appeals fell into two groups: appeals against the decision of the Lands Tribunal (LT) that hope value should not be included in the price payable for collective enfranchisement or lease extensions; and appeals against the decision of the LT to reject market evidence in setting the deferment rate. Held: The LT were right to conclude that hope value is not a permissable element in valuations under schedule 6 or 13, and there was no error of law in the LT's decision on deferment rates. Appeals therefore dismissed in respect of both the hope value and deferment rate issues.