000 02239cad a22002655a 4500
001 L142236
008 080130s2007 xxk f v f000 0 eng d
035 _a(Sirsi) u142236
041 0 _aeng
050 0 4 _a347.4104 $2 18
245 0 0 _aUlterra Ltd v Glenbarr (RTE) Company Ltd
_h[electronic resource]
260 _aLondon
_bLands Tribunal
_c2007
520 _aLRA/149/2006, 13 November 2007. Considers whether a landlord company which claimed to reserve rights for itself after a collective enfranchisement affects the rights offered to nominee purchasers to such extent that it was necessary to include the retained land in the property transfer. The appellant landlord company (U) argued had served a counter notice upon the respondent nominee purchaser (G)'s enfranchisement notice, limiting the extent of the property to be purchased and offering the rights over retained land. The tribunal accepted this notice, but ruled that a yield value of 7% was relevant. U appealed, arguing that a rate of 5% as decided in the Sportelli case (L135153) was appropriate and there was no grounds for deviating from this, and that under the Leasehold Reform, Housing and Urban Development Act 1993 s1(4)(a) the tribunal had no discretion over retention of the land. "Held": G's proposal of the retention of rights created a significant difference in the position obtained by G, so the relevant condition in the Act was not satisfied. The decision to fix the level of yield at the 5% level of the Sportelli case could not be made in an appeal hearing. Appeal dismissed.
521 2 _aAdvanced
590 _aKA
650 2 4 _aULTERRA LTD V GLENBARR (RTE) COMPANY LTD
650 2 4 _aSHORTDEAN PLACE (EASTBOURNE) RESIDENTS ASSOCIATION V LYNARI PROPERTIES
650 2 4 _aEARL CADOGAN AND ANOTHER V SPORTELLI AND ANOTHER
650 2 4 _aARBIB V EARL CADOGAN
650 2 4 _aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES-COMMERCIAL LEASEHOLD ENFRANCHISEMENT
856 4 0 _uhttps://www.landstribunal.gov.uk/aspx/view.aspx?id=474
_zView the item free of charge at www.landstribunal.gov.uk...
942 _n0
999 _c107854
_d107854