Tenant Granted Lease Extension for £13,655 - First-tier Tribunal
📌 In brief
The First-tier Tribunal decided that a tenant is entitled to a lease extension under the 1993 Act, setting the premium at £13,655. The decision was based on the tenant's right to extend their lease under the Act.
⚖️ Legal holding
A tenant is entitled to a lease extension under the 1993 Act, provided the landlord fails to serve a counter-notice as required by section 49.
📖 Technical summary
The Tribunal determined the premium for a 90-year lease extension to be £13,655, applying the Leasehold Reform, Housing and Urban Development Act 1993.
📜 Headnote Official document
The First-tier Tribunal determined that the tenant is entitled to a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993, setting the premium at £13,655.
📚 Full judgment Official document
OUTCOME: Allowed
1
Case Reference : BIR/37UJ/OLR/2019/0045
Property : Flat 7, 89/91 [ADDRESS] [POSTCODE]
Applicant: [redacted] : [NAME]
Respondent: [redacted]
[NAME]. [RESPONDENT] of Application : A referral from the County Court of a Determination of premium and terms of acquisition: Section 48 Leasehold Reform, Housing & Urban Development Act 1993
Tribunal Members : Mrs [NAME]
Mr [NAME] of Decision : 18 December 2019 _________________________________________________
DECISION _____________________________________
© CROWN COPYRIGHT 2019
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
2 1. The Tribunal determines that the premium to be paid for a 90 year lease extension for the property known as Flat 7 89/91 [ADDRESS] [POSTCODE] (“the Property”) under the terms of the Leasehold Reform, Housing and Urban Development Act 1993 is £13,655.
Reasons for Decision
Introduction
2. On 26 August 2019, Deputy District Judge Maybury sitting at [NAME] order the following:
a) The Claimant (Applicant) is entitled to a lease extension pursuant to section 39 of the Act;
b) the Claimant is entitled to a lease extension as set out in the section 42 Notice as the Defendants (Respondents) have failed to serve a counter notice in accordance with section 49 of the Act.
c) The proceedings are transferred to the Tribunal for a determination of the premium payable and terms of the new lease.
3. Directions were issued on 17 February 2019 and, in compliance with those Directions, the Applicant made submissions.
4. No submissions were received from the Respondents by way of the directions and the Tribunal again requested a copy of their valuation and a copy of the draft lease by 8 November 2019.
5. On 11 November 2019 a decision was made barring the Respondents from taking any further part in these proceedings under Rule 9(7)(a) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013. This decision was sent to both parties
Matters of fact
6. The following items were available to the Tribunal:
a) Valuation Date: 5 November 2018, being the date the S42 notice was served on the Respondents
b) Start date of lease 25 June 1975
c) Term 99 years
d) Ground Rent: £10.00 per annum
Proposed Terms for the Lease Extension
3 7. The Applicant proposed that the new lease be granted on the same terms as the existing least at a peppercorn rent for a term expiring 90 years after the term date of the existing lease. No other modifications or amendments to the new lease were requested other than those that are required by the 1993 Act.
The Law
8. The relevant law is set out in Chapter II sections 39 to 62 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 (“the 1993 Act”).
9. Chapter II of the 1993 Act relates to the individual right of a tenant of a flat to acquire a new lease of that flat. The law is contained in Sections 39 to 61B of the 1993 Act and Part 2 of Schedule 13 deals with the premium payable in respect of the grant of a new lease.
10. Section 42 sets out what must be contained in the tenant’s notice. Section 45 sets out what must be contained in any counter-notice given in response by the Landlord.
11. Section 48 deals with applications where the terms of the new lease are in dispute or where there is a failure to enter into a new lease.
12. Section 56 deals with the obligation to grant a new lease and section 57 sets out the terms on which a new lease is to be granted.
Inspection
13. The Tribunal carried out inspection of the Property on 4 December 2019. 89 and [ADDRESS], West Bridgford are a pair of Victorian three storey semi detached dwelling houses that have been converted into a single unit with 8 self contained flats. Flat 7 is on the first and second floors of No 89 and comprises a lounge, study, kitchen and bathroom on the first floor and one double and one single on the second floor. The flat has central heating. Very limited parking is available at the front of the property on a first come first served basis. There is a large communal garden to the rear.
The Applicant’s submissions
14. The Applicants provided a valuation dated 25 October 2018. This showed a calculation of the freeholder’s interest at £13,500.
15. The Applicants purchased the lease on 27th May 2015
The Tribunal’s Deliberations
16. The Tribunal considered all of the evidence submitted by the Applicant.
4 Length of the Lease
17. The Tribunal determines the unexpired term of the lease at the valuation date to be 56 years.
The Extended Lease Value
18. The Applicant had commissioned a valuation from [APPELLANT] which included a value of £110,000.
The Tribunal's Valuation
19. The Tribunal determines that the premium to be paid for a 90-year lease extension for the Property is £13,655. The Tribunal’s valuation is detailed in Appendix 1.
Appeal Provisions
20. If either party is dissatisfied with this decision, they may apply to this Tribunal for permission to appeal to the Upper Tribunal (Lands Chamber). Any such application must be received within 28 days after these written reasons have been sent to the parties (rule 52 of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013).
Anthea J Rawlence Chair
5
Appendix 1
Valuation of Flat 7 89/[ADDRESS], West Bridgford, Nottingham
Term
Initial ground rent £10
YP x 56 years 6% 16.03 £160.3
Reversion
Extended lease value £110,000
PV £1 in 56yrs @5% 0.065 £7,150
£7,310 £7,310
Marriage Value
Proposed leaseholder interest £110,000
value of freehold new interest nil £110,000
less
existing leaseholder's interest
£90,000
existing leaseholder interest
£7,310 £97,310
Difference
£12,690
landlord share 50%
£6,345 £6,345
Freehold interest
£13,655
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Sets £35,485 Lease Extension Premium for Flat in Edgbaston
- First-tier Tribunal (Property Chamber) Tribunal Sets £39,450 Premium for Lease Extension in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £35,485 Lease Extension Premium for Flat in Edgbaston
- First-tier Tribunal (Property Chamber) Tribunal Sets £37,863 Premium for Lease Extension in Leyton Tenancy Case
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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 tenant is entitled to a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993.
- The court consistently rules in favor of tenants seeking lease extensions under the specified act.
- Variations in the wording of the act do not affect the entitlement of the tenant to a lease extension.
- Most cases involving lease extensions under the act result in the tenant's favor.
❌ Tends to be rejected
- One case was dismissed, indicating that not meeting specific criteria can result in denial of lease extension.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal decided that the tenant was entitled to a lease extension with a premium of £13,655.
What was the dispute about?
The dispute was over the premium for a lease extension under the Leasehold Reform Act 1993.
How did the court decide, and why?
The court decided in favour of the tenant because the landlord failed to serve a counter-notice as required by the Act.
Which laws or rules were applied?
The Leasehold Reform, Housing and Urban Development Act 1s 1993, specifically sections 48 and 49 were applied.
What was the argument that mattered most?
The most critical argument was the landlord's failure to serve a counter-notice as required by the Act.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation can obtain a lease extension if the landlord fails to serve a counter-notice.
What evidence or documents mattered?
The evidence that mattered was the lack of a counter-notice from the landlord.
