Summary On the proper construction of an agreement between a property developer and landowners, whereby the developer had agreed to use its expertise to maximise the potential of land for development in return for a fee payable upon the sale of the land once planning consent had been obtained, the...
Summary Head lessees did not have the right of individual lease extension conferred on them by the Leasehold Reform, Housing and Urban Development Act 1993. Facts The appellant freeholders in two conjoined cases appealed against a decision that the respondent head lessees had a right of individual lease extension conferred on...
Summary Head lessees did not have the right of individual lease extension conferred on them by the Leasehold Reform, Housing and Urban Development Act 1993. Facts The appellant freeholders in two conjoined cases appealed against the decision that the respondent head lessees had a right of individual lease extension conferred on...
Summary The question for consideration was whether a headlessee of two flats in a block of flats was the qualifying tenant for the purposes of the Leasehold Reform Housing & Urban Development Act 1993 and was able to seek new leases of those two flats. The flats were not sublet on long...
Summary For the purposes of a leasehold enfranchisement valuation under the Leasehold Reform Act 1967 s.9, hope value could not, as a matter of law, be included as an element in the valuation of the landlord's interest. Facts In appeals against two decisions of a leasehold valuation tribunal regarding leasehold enfranchisement...
Summary Where a potential servient owner was prevented by statute from disposing of land, there could be no capable grantor of an easement, and so the potential dominant owner could not acquire a right by prescription based on 40 years' user under the Prescription Act 1832 s.2. Facts The appellants (H) appealed...
Summary The landlords of a shopping centre were granted an interim injunction, pending trial, restraining the tenants of retail premises from creating or maintaining displays in their shop front consisting of lingerie and sexual paraphernalia that might be regarded as indecent or offensive. Facts The applicant tenants (W) applied for...
Summary Chartered surveyors had been negligent in the conduct of negotiations for leases of land for use as airport car parking because they had failed to obtain a turnover rent. The appropriate measure of damages for the lost chance of negotiating a turnover rent was the diminution in value of...