LVT/0013/04/13: 115 Pantbach Road, Cardiff

Judgment

Cited authorities 21

Cited in

Precedent Map

Jurisdiction	England & Wales
Applied Rules	Leasehold Reform Act 1967
Date	19 September 2013
Year	2013
Subject Matter	Section 21(1)(a)
Court	Leasehold Valuation Tribunals
Judgement Number	LVT/0013/04/13

YTRIBIWNLYSEIDDOPRESWYL



RESIDENTIALPROPERTYTRIBUNAL



LEASEHOLDVALUATIONTRIBUNAL



Reference:LVT/0013/04/13



Inthematterof115PantbachRoad,CardiffCF204DZ

InthematterofanApplicationunderSections21(1)(a)oftheLeaseholdReformAct1967



TRIBUNALDavidEvansLLBLLM

AndrewMorrisLLB

DRhysDaviesFRICS



APPLICANTClarisePropertiesLtd



RESPONDENTSRachelEmilyReesandJohnJamesRees



DECISION



INTRODUCTION



1 TheRespondentsaretheleaseholdownersofnumber115PantbachRoad,Cardiff(the

Property),afourbedroom,semi‐detached,traditionallyconstructedhouselocatedinRhiwbina,a

residentialareanorthofthecitycentre.TheleaseunderwhichthePropertyisheld(theLease)was

grantedonthe7thJune1991byBurfordEstate&PropertyCompanyLtd(Burford)toNitaDoreen

CaseyandSylviaAirey(theOriginalLessees)forapremiumof£600andwithaninitialannualground

rentof£45.Theleaseisexpressedtobeforatermof99yearsfromthe24thJune1990.The

Applicantisthecurrentownerofthefreeholdreversion.

2 TheRespondentspurchasedtheleaseholdinterestinthePropertyonthe

7thSeptember2001.Onthe10thSeptember2011theyservedontheApplicantaNoticeofClaimto

acquirethefreeholdofthePropertyandonthe26thOctober2011,theApplicantadmittedthe

Respondents’righttodoso.NoissuearisesinrespectoftheRespondents’NoticeofClaimorthe

Applicant’sNoticeinReply.ThepartieshaveagreedthatthepricepayablefortheApplicant’s

freeholdreversionaryinterestfallstobedeterminedundersection9(1)oftheLeaseholdReformAct

1967(theAct).



1



THEISSUE



3 Thedifficultywhichhasarisenrelatestotheinterpretationofthatpartofclause1ofthe

leasewhichdealswiththepaymentofrentasfollows:

(a) Fromthecommencementofthetermtothe23rddayofJune2015theannualrentof

FORTYFIVEPOUNDS(£45.00)

(b) Ineachofthesecondandthirdperiodsoftwentyfiveyearsofthesaidtermandinthe

lastremainingtwentyfouryearsofthesaidtermsuchperiodsbeginningonthe

24thdayofJune2015the24thdayofJune2040andthe24thdayofJune2065

respectively(theRentReviewDates”)suchannualrent(beingnotlessthantherent

payableimmediatelypriortoeachrelevantRentReviewDate)beingasumrepresenting

theopenmarketlettingvalueofthelandherebyleasedasifitwereavacantsite

withoutanybuildingsthereon(“theSite”)tobeassessedinaccordancewithcurrent

openmarketvaluesoftheSiteateachrelevantRentReviewDatewhentheSiteshallfall

tobeassessedasifitwereatsuchRentReviewDateavailableforresidential

developmentforpurposesauthorisedbytheTownandcountry[sic]PlanningActs…

4 Clearly,thereisnodifficultywithregardtotheinitialrentof£45pa.However,the

surveyorsforbothpartieshaveencounteredaproblemwhenitcomestoassessingtherentwhich

wouldhavebeenpayablefromthefirstRentReviewDate,namelythe24thJune2015.The

calculationofthisrevisedrentisacriticalstepinthemethodologygenerallyemployedbysurveyors

whennegotiatingandagreeingthe“fairterms”(section1(1)oftheAct)andinparticular“the

price…whichattherelevanttimethehouseandpremises,ifsoldintheopenmarketbyawilling

seller…mightbeexpectedtorealise”ontheassumptionssetoutinsection9(1)oftheAct.Oneof

thoseassumptionsisthattheleasehasbeenextendedby50yearsundersection14oftheActata

rentdeterminedinaccordancewithsection15(2).TheApplicantconsideredthatthereviewedrent

wasakinto(butnotthesameas)therentenvisagedbysection15(2)oftheAct‐whichwasreferred

toatthehearingasa“moderngroundrent”‐whilsttheRespondentsbelievedthatthereviewed

rentwasa“nominalgroundrent”ofthetypegenerallyseeninleasesofpropertiesboughtandsold

today.

5 Asthepartieswereunabletoagreetheprice,onthe26thApril2013,theApplicantmadeits

applicationtothisTribunalforustodeterminetheamountpayablebytheRespondentsforthe

freeholdreversion.StandardDirectionswereissuedonthe16thMay2013followingwhichwewere

invitedtodealwiththeinterpretationofclause1(b)oftheLease(whichweshallrefertoasthe

RentReviewClause)asapreliminaryissue.Consequently,furtherDirectionswereissuedonthe

9thJuly2013andthematterwassetdownforhearing.SubsequentDirectionsweregivenonthe

31stJuly.



HEARING



6 ThepreliminaryissuewasheardattheTribunalOfficesonthe3rdand4thSeptember,2013.

BothpartieswererepresentedbyCounsel.MrMarkLovedayrepresentedtheApplicantand

MrBarryDenyer‐GreenrepresentedtheRespondents.Thesurveyorsforbothpartiesattendedand

gaveevidence,MrJohnGeraintEvansFRICSfortheApplicantandMrKennethJohnCooperFRICSfor

theRespondents.TheApplicantalsocalledMrPhilipMizon,apropertymanageremployedbythe

MarcusCooperGroup,agroupofcompaniesofwhichtheApplicantisapart,andMrNicholas

RichardPlotnek,theprincipalofaBirminghamvaluationpracticewhohadbeenadirectorofBurford

atthetimeofthegrantoftheLease.

2



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