Automated Summary
Key Facts
The Tribunal determined the price for the freehold interest in 16 & 16a Credenhill Street, London SW16 6PR, under leasehold enfranchisement (missing landlord). Applicants Sarah Elizabeth Sparrow, Frank Tropea, and Maria Tropea (leaseholders of the two flats) were awarded a total premium of £48,220, split as £19,880 for No.16 and £28,340 for No.16a. The valuation was accepted based on a report from Nick Plotnek Associates, with the respondent's interest vested in the applicants via a court order under Section 26 of the Leasehold Reform, Housing and Urban Development Act 1993.
Issues
- The applicants sought a vesting order under Section 26 of the Act due to the respondent's inability to be found. The court's authority to transfer the respondent's freehold interest to the applicants without serving notice was confirmed, allowing the Tribunal to determine the price of the transfer based on the statutory framework.
- The Tribunal was required to determine the price to be paid for the freehold interest in a property under Section 26 of the Leasehold Reform, Housing and Urban Development Act 1993. This included assessing the value of the freeholder's interest, the freeholder's share of marriage value, and compensation for any other loss, as outlined in Schedule 6 of the Act.
Holdings
- The premium to be paid by the applicants for the freehold interest in 16 and 16a Credenhill Street London SW16 6PR is £48,220. This sum is apportioned as £19,880 for No.16 and £28,340 for No.16a.
- The Tribunal was not required to consider or approve the terms of any transfer in Form TR1.
Remedies
- The Tribunal determined the premium to be paid for the freehold interest as £48,220, split between the two flats (No.16: £19,880 and No.16a: £28,340).
- The Tribunal was not required to consider or approve the terms of any transfer in Form TR1, as stipulated by the court order.
- The court made a vesting order under Section 26 of the Leasehold Reform Act 1993, transferring the respondent's freehold interest to the applicants due to the respondent's absence.
Legal Principles
The court applied Section 26 of the Leasehold Reform, Housing and Urban Development Act 1993 to make a vesting order where the freehold landlord could not be found. This allowed the applicants to acquire the freehold interest without requiring service of notice to the respondent, as mandated by the Act for cases involving collective enfranchisement when the landlord is untraceable.
Precedent Name
Earl Cadogan v Sportelli
Cited Statute
Leasehold Reform, Housing and Urban Development Act 1993
Judge Name
Neil Martindale
Passage Text
- 1. The premium to be paid by the applicants for the freehold interest in 16 and 16a Credenhill street London SW16 6PR, registered at HM Land registry under title number LN10488 the "Property") is £48,220. This sum to be apportioned £19,880 for No.16, and £28,340 for No.16a.
- 28. The Tribunal accepts the valuation for each part of the property, as produced by the valuer and in particular his final opinion of value of £48,220, for the whole, as expressed in his report. The Tribunal has therefore not produced its own valuation.