Collective Enfranchisement & Landlords' Expenses: Columbia House Properties (No.3) Ltd v Imperial Hall Freehold 2015

Collective Enfranchisement & Landlords' Expenses: Columbia House Properties (No.3) Ltd v Imperial Hall Freehold 2015
shutterstock_1364005Columbia House Properties (No.3) Ltd v Imperial Hall Freehold Ltd [2015] UKUT 45 (LC), Jan 16, 2015

The Upper Tribunal (Lands Chamber) has found that where a landlord incurs managing agent’s fees in the course of a collective enfranchisement claim by leaseholders, these may – provided they were reasonable and properly incurred - be recovered from the nominee purchaser under s.33 of the Leasehold Reform, Housing & Urban Development Act 1993.

Background

Columbia House Properties (No.3) Limited (“CHP”) was the freehold owner of Imperial Hall, 104-122 City Road, London EC1V 2NR (the “Property”). On 20 January 2012 Imperial Hall Freehold Limited (“Imperial”) served a notice on CHP pursuant to section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 (“the 1993 Act”) claiming the right collectively to acquire the freehold of the Property. By a counter-notice dated 22 March 2012 that right was admitted. In due course a contract for the sale of the Property was entered into and the sale completed. Imperial paid CHP’s legal and valuation costs but refused to pay the costs incurred to their managing agents. CHP made an application to the First Tier Tribunal Property Chamber (Residential Property) (the “FTT”), seeking payment of those costs but the FTT refused to order th

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