Neville v Cowdray Trust Ltd & Anor

Neville v Cowdray Trust Ltd & Anor

The property at the commencement of the tenancy consisted of two hereditaments with rateable values shown in the valuation list, and the aggregate of these values is the relevant rateable value for section 4A(2)(b). The fact that the property was later converted into a single dwelling house does not alter the statutory requirement to use the rateable value at the tenancy's commencement.

Parties
Claimant/respondent: Caroline Linda Annette Neville; Defendant/appellant: The Cowdray Trust Ltd; Defendant/appellant: Rathbone Trust Company Ltd
Jurisdiction
England and Wales
Judgment Date
05 May 2006
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Leasehold Enfranchisement, Interpretation of Leasehold Reform Act 1967, Rateable Value Determination, Statutory Construction
Land Law Landlord and Tenant Law Leasehold Enfranchisement Interpretation of Leasehold Reform Act 1967 Rateable Value Determination Statutory Construction

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Parties

Caroline Linda Annette Neville

Claimant/respondent

The Cowdray Trust Ltd

Defendant/appellant

Rathbone Trust Company Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the property subject to the tenancy had a rateable value at the commencement of the tenancy for the purposes of section 4A(2)(b) of the Leasehold Reform Act 1967 as amended
  2. 2 Whether the relevant rateable value is that of the original two cottages or the converted single dwelling house

Ratio Decidendi

The property at the commencement of the tenancy consisted of two hereditaments with rateable values shown in the valuation list, and the aggregate of these values is the relevant rateable value for section 4A(2)(b). The fact that the property was later converted into a single dwelling house does not alter the statutory requirement to use the rateable value at the tenancy's commencement.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the respondent is not entitled to acquire the freehold under the Leasehold Reform Act 1967 on the facts as found.