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The tenants gave a s.13 notice in 2004, but the tenants did not register it against the landlord’s title. The purchase price was agreed in 2006 and the outstanding terms of acquisition were to be determined by the LVT. Before the matter could be heard, the landlord transferred the freehold to his wife and she then transferred it back to him. When the matter came before the tribunal, the landlord disputed jurisdiction.
This was a claim to acquire the freehold of a house under the Leasehold Reform Act 1967. In 1991, the original tenants were granted a 99-year lease at a modest premium and nominal ground rent of £45 per year. The lease provided for a review of the ground rent at 25-year intervals. The review provision provided that the new rent should be a sum “representing the open market letting value of the land” as if it were a vacant site that had not been built on and which had planning permission for residential development.
The relevant factual background is both interesting and a bit unusual. The Respondent, Ms Oliver, held a long lease of a flat that she had acquired from the Council pursuant to the right to buy. Under that lease she covenanted to pay by way of a service charge a contribution to the cost of carr