John Lyon's Charity v Shalson, Court of Appeal - Lands Tribunal, March 26, 2000, [2000] EWLands LRA_7_2000

Reporting Judge: [2000] EWLands LRA_7_2000

President: John Lyon's Charity v Shalson

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Extract

John Lyon's Charity v Shalson, Court of Appeal - Lands Tribunal, March 26, 2000, [2000] EWLands LRA_7_2000

[2000] EWLands LRA_7_2000 (26 March 2000)

LRA/54/1999

LRA/7/2000

(Consolidated)

LANDS TRIBUNAL ACT 1949

LEASEHOLD ENFRANCHISEMENT - price payable for freehold of house - appropriate capitalisation and deferment rates - reliability of settlement evidence - whether transfer should include absolute prohibition on use other than as single private residence - whether improvements to be disregarded include conversion from flats to single dwellinghouse - if so, values of unimproved freehold and leasehold interests - appeal and cross-appeal dismissed.

IN THE MATTER of APPEALS from a DECISION OF THE LEASEHOLD VALUATION TRIBUNAL FOR THE LONDON RENT ASSESSMENT PANEL

BETWEEN JOHN LYON'S CHARITY Appellant

and

PETER SHALSON Respondent

Re: 98 Hamilton Terrace,

St John's Wood,

London NW8

Before: N J Rose FRICS

Sitting in public at 48/49 Chancery Lane, London WC2A 1JR

on 26 and 27 February 2001

The following cases are referred to in this decision:

Delaforce v Evans (1970) 22 P & CR 770

John Lyon's Charity v Brett (LT ref. RA/16/1997, unreported)

Eyre Estate v Jaskel (LT ref. LRA/48/1997, unreported)

Wellcome Trust Ltd v Romines [1999] 3 EGLR 229

Howard De Walden Estates Ltd v Von Dioszeghy (LT ref. LRA/9/2000, unreported)

Cadogan v Cecil (LT ref. LRA/10/2000, unreported)

Kenneth Munro, instructed by Pemberton Greenish, solicitors of London for the Appellant.

Edwin Johnson, instructed by David Conway & Co, solicitors of London for the Respondent.

DECISION

This is an appeal by the Trustee of John Lyon's Charity, the freeholder of a house known as 98 Hamilton Terrace, London, NW8 (``the appeal property'') and a cross-appeal by the lessee, Mr Peter Shalson, against a decision of the Leasehold Valuation Tribunal for the London Rent Assessment Panel (``the LVT'') determining the price to be paid for the freehold interest under s.9(1C) of the Leasehold Reform Act, 1967 as amended (``the 1967 Act'') at £398,200 (Annex 1). By order of this Tribunal the appeal and cross-appeal were consolidated and the freeholder, treated here as the appellant, contended for a price of £405,...

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