Notable cases
- Collective Enfranchisement, Expert Witness
Daphne Court, 56 Fitzjohns Avenue, London NW3 5LT
- Forman v Timro Investments Ltd (2007)
The client, a landlord who had received a collective enfranchisement notice, was adamant there was more to it – suspicious that sub 80-year lease flats were not participating and convinced the dealer was behind it. To prevent loss of development value the client was advised to grant a lease of the roof space (post notice).
The matter went to the Leasehold Valuation Tribunal (LVT). Michael acted as advocate and Expert Witness against Bruce Maunder-Taylor who was acting in the same capacity until Counsel (Stan Gallagher) appeared. Michael successfully argued that the loft space lease was valid and won the valuation points.
Bruce congratulated him on his win publicly at the following valuers’ forum and even bought him a congratulatory drink which was very decent of him. Apparently the roof space point would probably have been overturned on appeal but the leaseholders gave up their claim which is precisely what the client wanted.
- Collective enfranchisement
- Acted for freeholder who wanted to resist the claim
- Advocate and Expert Witness before LVT
Issues
- Validity of post notice leases on loft space and a flat
- Deferment rate
- Methodology of sum to be deferred
- Not appealed (although it probably should have been)
Result
- Michael Lee valuation £76,972; leaseholder valuation £22,500
- LVT determined £69,920
Michael_Lee_Surveyors
