000			01493cab a2200193 4500
001			ABS38296
008			090401t1987 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u9843
041			_aeng
245			_aHembry v Henry Smith`s Charity Trustees
260			_c1987
350			_a0
490			_aEstates Gazette _v284(6356) 17 October 1987, 369-372(3)
520			_aCA 21 July 1987. Appeal by tenant (H) against cc decision dismissing an application under the Leasehold Reform Act 1967 s4 to acquire the freehold of her property. The main point at issue was whether the rent paid by H was a " low rent " under s4. The tenancy was one to which the proviso to s4(1) applied, ie the rent was not to be regarded as a low rent if it exceeded two-thirds of the letting value of the property at the commencement of the tenancy. In Johnson v Duke of Westminster , HL held that the term "letting value" should be construed as the best annual return obtainable in the open market for the grant of a long lease on the same terms... If a landlord charges a premium , it has to be decapitalised. The rent in the present case was 240pa and the landlords (S) had to establish a letting value of 360pa; S had to satisfy the court that on a new letting at 240pa they could not have obtained a premium of 1,440, or more. In support of H was the fact that soon after the commencement
650			_aENTITLEMENT
690			_aLANDLORD AND TENANT-CASE LAW-LEASEHOLD REFORM
942			_n0
948			_c04/03/1997
999			_c6193 _d6193