Tenant's Right to Determine Freehold Price Under Leasehold Reform Act
📌 In brief
A tenant applied to determine the price for the freehold interest under the Leasehold Reform Act 1967. The Tribunal corrected its decision due to clerical errors.
⚖️ Legal holding
A tenant is entitled to determine the price payable for the freehold interest under section 9 of the Leasehold Reform Act 1967.
📖 Technical summary
The claimants sought to determine the price for the freehold interest under the Leasehold Reform Act 1967. The Tribunal corrected its decision due to clerical errors.
📜 Headnote Official document
The tenant applied to determine the price payable for the freehold interest under s.9 of the Leasehold Reform Act 1967. The Tribunal corrected its decision due to clerical mistakes.
📚 Full judgment Official document
OUTCOME: Allowed
Case Reference : MAN/00DA/OAF/2022/0017
Premises : 8 [ADDRESS], [POSTCODE] Applicants : [redacted] : [RESPONDENT].
Respondent: [redacted] freehold interest under s.9 of the Leasehold Reform Act 1967.
Tribunal Members : Judge P [NAME] of Decision : 18 October 2022 Date of correction : 16 December 2022
_______________________________________________
CORRECTION CERTIFICATE ____________________________________
© CROWN COPYRIGHT 2022
This certificate is given under rule 50 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, which confers a power on the Tribunal to correct any clerical mistake or other accidental slip or omission in a decision produced by it.
Paragraph 1 should read:
By an order made on 21 March 2022 in the County Court at Leeds the claim between [NAME] & [RESPONDENT] (“the Applicants” in the present case) v [RESPONDENT] (“the Respondents” in the present case) under case number J00LS078 J00LS073 was transferred to the First-
tier Tribunal (Property Chamber) to determine the price payable for the freehold interest in 10 8 [ADDRESS], [POSTCODE] (“the Premises”) in accordance with s.9 of the Leasehold Reform Act 1967 (“the Act”).
Paragraph 5 should read: The leasehold title to the Premises is registered at HM Land Registry under title number YY115319 YY117958. The lease of the land which includes the Premises was granted on 25 March 1661 for a term of 500 years from 25 July 1661. The original parties to the lease were (1) [NAME] and (2) [NAME]. The remainder of the term granted by the lease was purchased by [COMPANY]. In 2014 for the purpose of developing the site and building a number of properties including the Premises.
Paragraph 6 should read: On 19 December 2018 7 December 2018, an assignment of part of the land comprised in the lease was made in respect of the Premises between [COMPANY]. and the Applicants. When the Applicants purchased the freehold of the Premises, they had no knowledge that the developer only owned the leasehold interest in the land on which the Premises is built. The developer has admitted it is not the freehold owner and cannot transfer the freehold interest to the Applicants.
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Enfranchisement Price at £169
- First-tier Tribunal (Property Chamber) Correction Certificate Corrects Clerical Error in First-tier Tribunal Decis…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Freehold Interest Price and Unpaid Rent
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Freehold Interest Price and Conveyance Terms
- First-tier Tribunal (Property Chamber) Freehold Interest Price Determined Under Leasehold Reform Act
- First-tier Tribunal (Property Chamber) Freehold Valuation Determination for Property in Walthamstow
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Freehold Price Under Leasehold Reform Act
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Freehold Interest Price at £1,300
- First-tier Tribunal (Property Chamber) Tenant Entitled to Freehold Acquisition Price Under Leasehold Reform Act
- First-tier Tribunal (Property Chamber) Tenant Entitled to Freehold Acquisition Price Under Leasehold Reform Act
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 leasehold title for the premises is registered under a specific HM Land Registry title number.
- The original lease for the land, including the premises, was granted in 1661 for 500 years.
- The remainder of the lease term was purchased by a company in 2014 for development purposes.
- The developer admitted it is not the freehold owner and cannot transfer the freehold interest to the applicants.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It corrected the initial decision due to clerical errors.
Who was involved?
The tenant and the property owner.
How did the court decide, and why?
The court corrected its decision because of clerical errors identified in the initial ruling.
Which laws or rules were applied?
The Leasehold Reform Act 1967, specifically section 9.
What was the argument that mattered most?
The identification of clerical errors in the initial decision.
Was the decision for or against the person who brought the case?
For the tenant, as the decision was corrected.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure their application is accurate and monitor for any clerical errors in the decision.
What evidence or documents mattered?
The original decision and the correction certificate.
Can a decision like this be appealed?
Decisions from the First-tier Tribunal can be appealed to the Upper Tribunal.
Is it worth getting a solicitor for a case like this?
Yes, it is advisable to seek legal advice from a qualified solicitor.