000			02268cam a2200289 4500
001			ABS67000
008			030829n2003 000 0 eng u
035			_a(Sirsi) u123399
245			_aJohn Lyon's Charity v Shalson _h[electronic resource]
260			_c2003
490			_aEstates Gazette _v[2003] 27 EG 339 139-145(7)
520			_a[2003] UKHL 32, 12 June 2003. Appeal by tenant (S) from a CA judgment ([2002] EWCA Civ 538 Abs65746) on appeal from LT, holding that a re-conversion of flats into a house could not constitute an improvement increasing its value under the Leasehold Reform Act 1967 s9(1A)(d) because it reversed a previous conversion of the house into flats. "Held", appeal allowed. The works that had re-converted the property into a single dwelling, constituted improvements within s9(1A)(d) of the Act and their value fell to be disregarded in determining the enfranchisement price. In order to rely on the improvement disregard, S had to identify the improvements carried out at his and his predecessors in title's expense and satisfy the tribunal that, but for those improvements, the premises would be worth less. The word improvement refers to a physical not an economic concept. The earlier conversion into flats made no difference to the value of the house at valuation date as they had ceased to exist. If the later re-conversion had not taken place, the earlier improvements would have still existed and the dwelling would have been worth less. To the extent that it was worth more, S was entitled to a reduction in the open market value. View judgment at www.publications.parliament.uk. (See also Abs67002).
590			_aABS
650			_aLEASEHOLD VALUATION TRIBUNALS
650			_aRESTRICTIVE COVENANTS
650			_aDISREGARDS
650			_aRECONVERSION
650			_aLEASEHOLD ENFRANCHISEMENT
650			_aHOUSE CONVERSIONS
650			_aFREEHOLD
650			_aLEASEHOLD REFORM ACT 1967 S9(1A)(D)
650			_aLEASEHOLD REFORM ACT 1967 S21(1A)
650			_aJOHN LYON'S CHARITY V SHALSON
690			_aLANDLORD AND TENANT-LEASEHOLD REFORM-CASE LAW
856			_uhttps://www.publications.parliament.uk/pa/ld200203/ldjudgmt/jd030612/lyon-1.htm _zView the judgment at www.publications.parliament.uk
942			_n0
999			_c73298 _d73298