LVT/0023/09/17: 230 Conway Road, Newport
| Jurisdiction | England & Wales |
| Applied Rules | Leasehold Reform Act 1967 |
| Date | 18 May 2018 |
| Year | 2018 |
| Court | Leasehold Valuation Tribunals |
| Judgement Number | LVT/0023/09/17 |
Page 1 of 12
Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
LEASEHOLD VALUATION TRIBUNAL
Reference: LVT/0023/09/17
In the Matter of number 230 Conway Road, Newport NP19 8JU
In the matter of an Application under the Leasehold ReformAct 1967
TRIBUNAL: Timothy Walsh (Chairman)
Hefin Lewis (Surveyor)
APPLICANTS: (1) Mr. Ronald Payne
(2) Mrs. Mandy Anita Payne
RESPONDENT(S): Persons Unknown
REASONS FOR THE DECISION OF THE LEASEHOLD VALUATION TRIBUNAL
Introduction
1. The Applicants are Mr. Ronald Payne and Mrs. Mandy Anita Payne; they are the joint
registered proprietors of the leasehold interest in a property known as, and located
at, number 230 Conway Road in Newport (“the Property”). That leasehold interest is
registered at HM Land Registry under title number WA957061.
2. The material lease was dated 12 August 1930 and was for a term of 99 years from 1
November 1929; the original parties were Henry Budgen and John William Botsford
(as landlords) and Walter George Moss (as tenant). Under that lease an annual rent
of three pounds and one shilling was reserved (now £3.05). The Applicants became
the registered leasehold proprietors on 9 March 2000. The freehold of the Property
is unregistered.
3. Section 1 of the Leasehold Reform Act 1967 (“ the Act”) confers on a tenant of a
leasehold house a right to acquire on fair terms the freehold of the house and
problem of enfranchisement where the landlord cannot be found. More specifically,
section 27(1) provides that:
27(1) Where a tenant of a house having a right under this Part of this Act to acquire
the freehold is prevented from giving notice of his desire to have the freehold
because the person to be served with the notice cannot be found, or his identity
cannot be ascertained, then on an application made by the tenant the court may,
subject to and in accordance with the provisions of this section, make such order as
the court thinks fit with a view to the house and premises being vested in him, his
executors, administrators or assigns for the like estate and on the like terms (so far
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