This was an appeal against a decision of the Upper Tribunal concerning the price the appellant was to pay, as a nominee purchaser under the collective enfranchisement provisions in the Leasehold Reform, Housing and Urban Development Act 1993, for intermediate leases between the freehold and the leases of the qualifying tenants.
It concerned the meaning of the assumption that no tenant in the building is “buying or seeking to buy” either interest to be valued. The Appellant contended that this precluded any assumption that the purchaser of an intermediate lease would buy another lease in the building.
The Court of Appeal dismissed the appeal, holding that the price could include development value, and that the decision of the House of Lords in Cadogan v Sportelli was of no assistance in resolving the issue.
The Appellant has applied for permission to appeal to the Supreme Court.
Thomas Jefferies appeared for the Appellant.