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You are here: BAILII >> Databases >> England and Wales Lands Tribunal >> Caplin & Anor v Bridge & Anor [2001] EWLands LRA_53_2000 (22 February 2001) URL: http://www.bailii.org/ew/cases/EWLands/2001/LRA_53_2000.html Cite as: [2001] EWLands LRA_53_2000 |
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[2001] EWLands LRA_53_2000 (22 February 2001)
LRA/53/2000
LANDS TRIBUNAL ACT 1949
LEASEHOLD ENFRANCHISEMENT – Price payable for acquisition of freehold – value attributable freeholder's opportunity to receive insurance commissions – Leasehold Reform Act 1967 section 9 – Appeal dismissed
IN THE MATTER of an APPEAL from a DECISION of a LEASEHOLD VALUATION TRIBUNAL for the NORTH WESTERN RENT ASSESSMENT PANEL
BETWEEN E B CAPLIN and AJ WEIDER Appellants
and
G S and J BRIDGE Respondents
Re: 22 Colinmander Gardens, Ormskirk,
Lancashire L39 4TF
Tribunal Member: P R Francis FRICS
Sitting at: Merseyside and Cheshire Rent Assessment Committee,
Port of Liverpool Building, Liverpool, L3 1BY
on
15 February 2001
The following case is referred to in this decision:
Delaforce v Evans [1970] 215 EG 31
E B Caplin, in person with leave for the appellants
G S Bridge, in person with leave for the respondents
DECISION
2.1 The subject property comprises a 1930's built semi-detached house, extended in the 1960's and 1970's and which is situated amongst generally similar houses having an aspect over a grassed area to the front. The centrally heated and double-glazed accommodation on two floors includes a through living room, conservatory, kitchen, 3 bedrooms, dressing room and bathroom. There are gardens to front and rear together with a shared drive and garage.
2.2 The property is subject to a lease for 999 years from 1938 between A Maxwell Caplin and Alfred George Liggins relating to 10-32 Colinmander Gardens (even), at a fixed ground rent of £4 per property. The lease is one of a number of similar leases granted on the Holborn Hill Estate, Ormskirk, and Knockers Green Estate in Warrington, covering about 300 properties.
2.3 The respondents insure the subject property and contents directly (rather than through the landlords' agency) under an "all risks" policy with the Royal Sun Alliance Insurance Company at an annual premium of £249.06 per annum, of which £125.06 relates to comprehensive buildings cover.
2.4 The landlords hold an agency with the Royal Sun Alliance Insurance Company, from which they earn 22.5 per cent commission on policies.
2.5 Notice of intention to enfranchise was served by the respondents on 22 June 2000, and accepted by the appellants on 3 July 2000. The valuation date is therefore 22 June 2000, and at that date there were approximately 937 years unexpired.
2.6 Following failure to agree a price for the freehold and the lessees' application for a determination, the LVT determined the price payable at £90. This was based upon the ground rent of £4 multiplied by 10 YP (£40), the remaining £50 to reflect the freeholders' other loss of income under the lease covenants.
ISSUE
APPELLANT'S CASE
Ground rent £4 @ 10 YP £40.00
Insurance commission £28.14 (index linked) @ 20 YP £562.80
£602.80
Less savings in administration £100.00
Balance £502.80
Property Sale Price Date Ground rent
268 Dragon Lane, Whiston £165 Nov 1983 £4.50
6 Taunton Ave, Leigh £150 Mar 1984 £8.00
96 Puller Road, Barnet £299 Feb 1986 £6.30
89 Wightman Road, London N20 £300 Aug 1986 £5.00
20 Orwell Road, Liverpool 14 £215 Oct 1991 £4.70
147 Alexandra Rd South, M'cr £299 Nov 1994 £7.50
104 Breck Road, Wallasey £350 Mar 1995 £10.00
93 Mount Pleasant Road, N17 £335 Nov 1995 £10.00
11 Haydock Road, Wallasey £499 Apr 1996 £6.30
9 The Grove, Wallasey £350 Apr 1996 £4.20
6 Bebles Road, Ormskirk, Lancs £280 Apr 1997 £7.50
34 Kremlin Drive, Liverpool £480 May 1997 £5.00
4 Bebles Road, Ormskirk, Lancs £495 Dec 1997 £7.50
66 Trafalgar Road, Wallasey £499 Jul 1999 £5.96
21 Meadow Street, Wallasey £465 Aug 1999 £9.80
9 Munster Road, Liverpool L13 £460 Oct 1999 £4.00
1 Alexander Mount, Liverpool L21 £499 Nov 1999 £7.96
13 & 13a Sylvan Ave, London N22 £850 Feb 2000 £6.00
568 Liverpool Road, Warrington £499 Dec 2000 £4.00
RESPONDENTS' CASE
DECISION
"…AND ALSO will insure in the joint names of the Lessor and Lessee and during the said term keep insured all buildings for the time being standing upon the said land from loss or injury by fire through the Agency of Messieurs Maxwells of Seabank Road Wallasey aforesaid in the Eagle Star Insurance Company Limited or such other Company as the Lessor shall require in a sum equal at least to three-fourths of the full value thereof….."
DATED 22 February 2001
Signed P R Francis FRICS