First-tier Tribunal Sets Freehold Transfer Price at £73.50
📌 In brief
The First-tier Tribunal decided on the price for transferring the freehold interest of a property based on the lease and ground rent. The price was set at £73.50.
⚖️ Legal holding
The appropriate sum to be paid for the transfer of the freehold interest is determined based on the lease and ground rent.
📖 Technical summary
The Tribunal determined the purchase price for the freehold interest of a property based on the lease and ground rent.
📜 Headnote Official document
The Tribunal determined the purchase price for the freehold interest of a property based on the lease and ground rent under the Leasehold Reform Act 1967. The price was set at £73.50.
📚 Full judgment Official document
OUTCOME: Allowed
Case Reference : MAN/00CL/OAF/2020/0018
Property : 17 [ADDRESS], [POSTCODE]
Applicant: [redacted]
Respondents : [redacted]
Type of Application : A determination of amount of the appropriate sum to be paid into Court under the section 27(5) of the Leasehold Reform Act 1967
Tribunal Members : Tribunal Judge Professor Caroline Hunter
Tribunal Member [NAME] and venue of : Determined without a hearing on 11 Hearing
December, 2020
Date of Decision : 14 December, 2020
Date of Determination : 15 December, 2020 _______________________________________________
DECISION ____________________________________
© CROWN COPYRIGHT 2020
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Order That the purchase price for the freehold interest of 17 [ADDRESS], [POSTCODE] be determined at £73.50.
That the Applicant shall pay the purchase price into Court pursuant to s27(5) of the Leasehold Reform Act 1967.
The Application 1. The Applicant, Dr [APPELLANT], issued an application on the 27 January 2020 for an order under s21(1) of the Leasehold Reform Act 1967 (“the Act”) for a determination as to the amount of the appropriate sum to be paid into Court under s27(5) of the Act for transfer of the Freehold of the Property, the Landlord being missing.
2. An order was made by District Judge Phillips in the County Court at Newcastle on the 14 April 2020 that the rights and obligations of the parties be determined as if the claimant had, at the date of the application, duly given notice of her desire to have the freeholder under section 27 of the Act.
3. The Tribunal is therefore asked by the Applicant to determine the single issue of the price payable for the transfer of the freehold interest pursuant to s.21 of the Act.
4. Directions were made on 2 October 2020 for the Applicant to provide two copies of any evidence (including valuations, photographs and plans) she wished the Tribunal to consider, along with a draft transfer.
5. The Application was listed to be determined on the papers alone and without an inspection of the Property.
The Evidence 6. The evidence provided by the Dr [APPELLANT] included: a. The Lease b. The Judgement of the Court c. The Register of Title d. The Completion statement for the purchase of the property, indicating that the purchase price was £295,000.00 e. The ground demands and statements for 2011 – 2016.
7. The Lease is for 999 years from 13 June 1947. The ground rent is £5.25 per year. The Dr [APPELLANT]’s statement states that ground rent demands stopped being sent from 2016. She has paid all the ground rent from 2011 to 2016.
8. The photograph of [ADDRESS] shows it to be a semi-detached house.
The Determination 9. Dr [APPELLANT] has not provided any valuation evidence. However, given the evidence of the lease and the ground rent, the Tribunal is in a position to assess the purchase price as follows:
Lease 999 years from 13th May 1947 at £5.25 p.a. payable half yearly on the 13th May and 23rd November. [NAME] to pay all outgoings and to insure.
Valuation Years Purchase in perpetuity @ 10 % on £5.25
£52.50 Reversion in 926 years to Market Value --- Nil
£ 0.00
Arrears 13th May 2017
£ 5.25 13th May 2018
£ 5.25 13th May 2019
£ 5.25 13th May 2020
£ 5.25
Total Enfranchisement price payable
£73.50
📊 How courts decide similar cases
Among 11 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Allows £159,000 Service Charge Challenge for London Flat
- First-tier Tribunal (Property Chamber) First-tier Tribunal Decides on Reasonableness of Lift Replacement Service C…
- First-tier Tribunal (Property Chamber) Tribunal Sets New Manager for Property in Leeds Due to Management Issues
- First-tier Tribunal (Property Chamber) Tribunal allows challenge to £2,067 service charge for assured tenancy in L…
- First-tier Tribunal (Property Chamber) Tenant Entitled to New Lease on Same Terms as Existing Lease
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Lease Extension Under the Leasehold Reform Act 1…
- First-tier Tribunal (Property Chamber) Tribunal Sets £2,438 Premium for Lease Extension in Cheltenham
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rules on Service Charges for Cladding Replacement Works
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4171099
- First-tier Tribunal (Property Chamber) Tribunal Authorises £33,562 Interim EDMO for Unoccupied Property in Northum…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The Tribunal could determine the purchase price based on the lease and ground rent information provided by the applicant.
- The ground rent of £5.25 per year was used to calculate the purchase price.
- The applicant was required to pay for four years of ground rent arrears.
- The total purchase price for the freehold interest was determined to be £73.50.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set the purchase price for the freehold interest at £73.50.
What was the dispute about?
The dispute was about the appropriate sum to be paid for the transfer of the freehold interest.
How did the court decide, and why?
The court decided to set the purchase price at £73.50 based on the lease terms and ground rent payments.
Which laws or rules were applied?
The Leasehold Reform Act 1967 sections 21 and 27(5) were applied.
What was the argument that mattered most?
The argument that mattered most was the valuation based on the lease terms and ground rent payments.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, allowing the purchase price to be set at £73.50.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect their freehold interest purchase price to be determined based on the lease terms and ground rent payments.
What evidence or documents mattered?
The lease, ground rent demands, and completion statement for the purchase of the property mattered.
