Fairhold Ltd v St Helens Metropolitan Borough Council [2005] UKLands ACQ_5_2004 (01 August 2005)

Fairhold Ltd v St Helens Metropolitan Borough Council [2005] UKLands ACQ_5_2004 (01 August 2005)

The compensation for the claimant's intermediate ground leasehold interest is determined by capitalising the profit rent (£0.17 per annum) at a yield of 11.1, resulting in a value of £1.89, rounded to £2, reflecting the minimal value of the interest after accounting for the rent payable to the freeholder.

Citation
[2005] UKLands ACQ_5_2004
Parties
Claimant: Fairhold Limited; Acquiring Authority: St Helens Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
01 August 2005
Procedural Posture
Compulsory Purchase Compensation Determination / Final Determination Without Oral Hearing
Outcome
compensation awarded to claimant
Legal Topics
Compensation Assessment, Valuation of Leasehold Interests, Compulsory Purchase Procedure
Property Law Compulsory Purchase Compensation Assessment Valuation of Leasehold Interests Compulsory Purchase Procedure

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Parties

Fairhold Limited

Claimant

St Helens Metropolitan Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation Determination / Final Determination Without Oral Hearing

Legal Issues

  1. 1 What is the appropriate compensation for the claimant's intermediate ground leasehold interest in the subject properties acquired under compulsory purchase?

Ratio Decidendi

The compensation for the claimant's intermediate ground leasehold interest is determined by capitalising the profit rent (£0.17 per annum) at a yield of 11.1, resulting in a value of £1.89, rounded to £2, reflecting the minimal value of the interest after accounting for the rent payable to the freeholder.

Court Disposition

compensation awarded to claimant

Orders

  • Compensation of £2 payable to Fairhold Limited for the leasehold interest.
  • Claimant's costs of legal transfer, if any, to be paid in addition.