Collective Enfranchisement of Garden and Parking Spaces

Right to collective enfranchisement of garden and parking spaces, and scope of LVT’s discretion (Upper Tribunal (Lands Chamber)).

The Upper Tribunal (Lands Chamber) has held that a group of tenants did not have the right to acquire the freehold of certain car parking spaces and a garden, as the tenants did not use them in common with others. Although there is no new law, the case is a useful illustration of the principles applicable under the Leasehold Reform, Housing and Urban Development Act 1993.

The case is also interesting because the Upper Tribunal confirmed that the Leasehold Valuation Tribunal was entitled to permit the freeholder to vary the proposed terms of the transfer, even though the freeholder had already served a counter-notice on the tenants. (Cutter and others v Pry Ltd [2014] UKUT 215 (LC).)

Written by James Naylor

Partner, CG Naylor LLP.