Tenant Granted New Lease for Flat: £34,300 Premium Determined
📌 In brief
The First-tier Tribunal granted a tenant a new lease for their flat, determining the appropriate premium to be £34,300. The landlord was missing, and the tribunal followed the procedures set out in the Leasehold Reform, Housing and Urban Development Act 1993.
⚖️ Legal holding
A tenant is entitled to a new lease of their flat for a term expiring 90 years after the term date at a peppercorn rent, in exchange for a premium that compensates the landlord for the loss of the remainder of the term.
📖 Technical summary
The tribunal determined the premium for a new lease of a two-bedroom flat.
📜 Headnote Official document
In a First-tier Tribunal (Property Chamber) case, the tribunal determined that a tenant was entitled to a new lease of their flat for a term expiring 90 years after the term date at a peppercorn rent, in exchange for a premium of £34,300. The landlord was missing, and the procedure pursuant to sections 50 and 51 of the Leasehold Reform, Housing and Urban Development Act 1993 was followed.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL [NAME] (RESIDENTIAL PROPERTY) Case reference : LON/OOAP/OLR/2021/0432 [ADDRESS] [POSTCODE] Applicant : [redacted] : [COUNSEL] [COMPANY] Respondent : [redacted] Representative : NA Type of [NAME] : Section 50 and 51 of the Leasehold Reform, Housing and Urban Development Act 1993 Tribunal members :
Judge Shepherd Kevin Ridgeway MRICS
Date of determination and venue : at 10 [ADDRESS] [POSTCODE] on the papers Date of decision : 13th July 2021
DECISION as amended under Rule34 (5) and (6) of the 2011 Regulations
Summary of the tribunal’s decision The appropriate premium payable for the new lease is £34300. The terms of the draft lease submitted to the Tribunal are approved.
2 Background 1. This is an [NAME] made by the applicant leaseholder pursuant to section 50 and 51 of the Leasehold Reform, Housing and Urban Development Act 1993 (“the Act”) for a determination of the premium to be paid for the grant of a new lease of 97 [ADDRESS] [POSTCODE] (the “property”).
2. On 30th March 2021 [NAME] at Central London County Court made an order pursuant to s. 50 of the Act to the effect that the Applicant was entitled to a new lease. The freeholder landlord is missing. The case was transferred to the Tribunal to determine the value of the new lease. The property
3. The property comprises a two bedroom first floor flat.
4. The Tribunal did not inspect the property. Limited assistance was provided by some rather poor photographs in the report of the expert value employed by the Applicant, [APPELLANT]. The Tribunal are familiar with the location which is increasingly a sought after part of London. It lies to the West of Green Lanes on the “Haringey Ladder”. Green Lanes like many parts of London is being gradually gentrified as a younger more affluent population moves in. The tribunal’s determination
5. The tribunal determines that the value of the new leasehold at the date of the [NAME] was £34300. Reasons for the tribunal’s determination
3 6. The right to a new lease is conferred by Ch 2 of Pt 1 of the 1993 Act. By exercising the right the tenant acquires a new lease of the flat in substitution for his or her existing lease for a term expiring 90 years after the term date at a peppercorn rent ( s.56(1)). The tenant pays a premium which compensates the landlord for the loss of the remainder of the term. In the present case the landlord is missing and the procedure pursuant to ss50 and 51 of the Act has been followed.
7. The premium for the new lease is calculated in accordance with Sch 13, para 2 of the Act and is the aggregate of the following figures : (a) The diminution in value of the landlord’s interest in the flat; (b) The landlord’s share of the marriage value; (c) Any amount of compensation payable.
8. The calculation carried out by Mr [NAME] appears broadly sound. However, having considered his comparable evidence along with other comparables available, the Tribunal preferred a higher long leasehold valuation of £415,000. This results in a slightly higher Premium of £34,300. A calculation carried out by the Tribunal is attached as a schedule to this determination. The premium 9. The tribunal determines the appropriate premium to be £34300 A copy of its valuation calculation is annexed to this decision. The terms of the draft lease submitted to the Tribunal are approved.
Name: Judge Shepherd Date: 21st July July 2021
Appendix: Valuation setting out the tribunal’s calculations
Valuation for lease extension
[ADDRESS],[POSTCODE]
4
Valuation Date 23/12/2019
Lease Commencement 29/09/1984
Lease Term 99.00 years
Expiry Date
28/09/2083
Unexpired Term
63.77 years
Long Lease value
£400,000
Freehold VP value £404,000 +1% long lease value
Term 1 Term 2 Term 3
Ground rent £200.00 £300.00 £0.00
Reversion years
30.77 33.00 0.00
Capitalisation rate 7%
Deferment rate 5%
Compensation
£0.00
[NAME]
85.50%
Diminution of Landlord's interest
Ground rent £200
[NAME] 30.77 yrs @ 7.00% 12.50430742
£2,501
[NAME] £300
[NAME] 33.00 yrs @ 7.00% 12.75379002
PV of £1 30.77 yrs @ 7.00% 0.12469848
£477
[NAME] £0
[NAME] 0.00 yrs @ 7.00% 0
PV of £1 63.77 yrs @ 7.00% 0.[PHONE]
£0
Reversion to VP value £404,000
PV 63.77 yrs @ 5.00% 0.04454084
£17,994
Value existing freehold
£20,972
5
[NAME]'s interest on reversion of new lease
FH VP
£404,000
PV 153.77 yrs @ 5.00% 0.00055172
-£223
£20,750
Landlord's share of Marriage Value
Val. Tenant's interest new long lease £400,000
Val. [NAME]'s interest after reversion of new lease
£223
£400,223
Less
Val. [NAME]'s interest existing lease [NAME] 85.50% £345,420
Val. tenant's interest existing lease £20,972
£366,392
£33,830
Marriage Value at 50% £16,915
Compensation £0
PREMIUM £37,665
SAY
£37,660
6 Rights of appeal
By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal ([NAME]), then a written [NAME] for permission must be made to the First- tier Tribunal at the [NAME] which has been dealing with the case. The [NAME] for permission to appeal must arrive at the [NAME] within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal ([NAME]).
7 CASE REFERENCE LON/00AC/OLR/2014/0106
First-tier Tribunal [NAME] (Residential Property)
Valuation under Schedule 13 of the Leasehold Reform Housing and Urban Development Act 1993
Premium payable for an extended leasehold Interest in [Property]
Valuation date: [Date]
FIRST-TIER TRIBUNAL
[NAME] (RESIDENTIAL PROPERTY)
Case reference : LON/OOAP/OLR/2021/0432 [ADDRESS] [POSTCODE]
Applicant : [redacted] : [APPELLANT] Respondent : [redacted] Representative : NA Type of [NAME] : Section 50 and 51 of the Leasehold Reform, Housing and Urban Development Act 1993 Tribunal members :
Judge Shepherd Kevin Ridgeway MRICS
Date of determination and : venue at 10 [ADDRESS] [POSTCODE] on the papers Date of decision : 13th July 2021
2 © CROWN COPYRIGHT Background 1. This is an [NAME] made by the applicant leaseholder pursuant to section 50 and 51 of the Leasehold Reform, Housing and Urban Development Act 1993 (“the Act”) for a determination of the premium to be paid for the grant of a new lease of 97 [ADDRESS] [POSTCODE] (the “property”).
3. The property comprises a two bedroom first floor flat.
5. The tribunal determines that the value of the new leasehold at the date of the [NAME] was £34300.
3 Reasons for the tribunal’s determination 6. The right to a new lease is conferred by Ch 2 of Pt 1 of the 1993 Act. By exercising the right the tenant acquires a new lease of the flat in substitution for his or her existing lease for a term expiring 90 years after the term date at a peppercorn rent ( s.56(1)). The tenant pays a premium which compensates the landlord for the loss of the remainder of the term. In the present case the landlord is missing and the procedure pursuant to ss50 and 51 of the Act has been followed.
Name: Judge Shepherd Date: 21st July July 2021
Appendix: Valuation setting out the tribunal’s calculations
4
Appendix A Valuation for lease extension
97 [ADDRESS], [POSTCODE]
Valuation Date 05/06/2020
Lease Commencement 10/06/1993
Lease Term 99.00 years Expiry Date 09/06/2092 Unexpired Term
72.01 years
Long Lease value
£415,000
Freehold VP value £419,150 +1% long lease value
Term 1 Term 2 Term 3
Ground rent £75.00 £0.00 £0.00
Reversion years
72.01 0.00 0.00
Capitalisation rate 7%
Deferment rate 5%
Compensation
£0.00
[NAME] 85.84%
Diminution of Landlord's interest
Ground rent £75
[NAME] 72.01 yrs @ 7.00% 14.17632466
£1,063
Reversion to VP value £419,150
PV 72.01 yrs @ 5.00% 0.02979604
£12,489
Value existing freehold
£13,552
[NAME]'s interest on reversion of new lease
FH VP
£419,150
PV 162.01 yrs @ 5.00% 0.00036908
-£155
Landlord's share of Marriage Value
Val. [NAME]'s interest after reversion of new lease
£155
£415,155
Less
Val. tenant's interest existing lease [NAME] 85.84% £359,798
Val. [NAME]'s interest existing lease £13,552
£373,351
£41,804
Marriage Value at 50% £20,902
Compensation £0
Premium
£34,300
5
Rights of appeal
By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal ([NAME]), then a written [NAME] for permission must be made to the Firsttier Tribunal at the [NAME] which has been dealing with the case. The [NAME] for permission to appeal must arrive at the [NAME] within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal ([NAME]).
📊 How courts decide similar cases
Among 11 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Lease Extension Premium Set at £37,660 - First-tier Tribunal Decision
- First-tier Tribunal (Property Chamber) Tribunal Sets £38,060 Premium for New Lease in London Flat
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Premium for Collective Enfranchisement
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Collective Enfranchisement Application
- First-tier Tribunal (Property Chamber) Freehold Valuation Decision by First-tier Tribunal
- First-tier Tribunal (Property Chamber) Tribunal Sets £24,800 Premium for New Lease in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £37,713 Premium for New Lease in London Property Case
- First-tier Tribunal (Property Chamber) Tenant Entitled to New Lease Based on Expert Valuation
- First-tier Tribunal (Property Chamber) Tribunal Orders Tenant to Pay £3,240 for New Lease Costs
- First-tier Tribunal (Property Chamber) Lease Extension Granted for Property with Missing Landlord
- First-tier Tribunal (Property Chamber) Collective Enfranchisement Approved by First-tier Tribunal
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 appropriate premium for a new lease is determined by a tribunal.
- Tenants are entitled to a new lease under specific sections of the Leasehold Reform Act.
- Collective enfranchisement rights are recognized and approved by tribunals.
- Tenants can obtain a new lease even if the landlord cannot be found.
- The valuation for a new lease is provided by an expert and accepted.
❌ Tends to be rejected
- (No factors identified as leading against the claimant in the provided cases.)
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal determined the appropriate premium for a new lease to be £34,300.
What was the dispute about?
The dispute was about the value of a new lease for a property located in Haringey, London.
How did the court decide, and why?
The court decided that the appropriate premium for the new lease was £34,300, based on the valuation of the property and the calculation of the premium according to the Leasehold Reform, Housing and Urban Development Act 1993.
Which laws or rules were applied?
The Leasehold Reform, Housing and Urban Development Act 1993 sections 50 and 51 were applied.
What was the argument that mattered most?
The argument that mattered most was the calculation of the premium based on the diminution in value of the landlord’s interest and the marriage value.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as the appropriate premium for the new lease was set at £34,300.
What does this mean for someone in a similar situation?
For someone in a similar situation, the decision means that the appropriate premium for a new lease should be calculated based on the valuation of the property and the relevant provisions of the Leasehold Reform, Housing and Urban Development Act 1993.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered, but it likely included property valuations and calculations of the premium.
