JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
13
under the contested legislation to acquire compulsorily the applicants’
interest as freehold owners of the properties. These transactions related to
77 properties held on "premium" leases and 3 properties held on "building"
leases (see paragraph 12 above). The applicants explained that under the
practice followed by the Estate at the time, the premiums were calculated on
the following basis: first the rent under the lease was fixed as a percentage
of the estimated market rent obtainable and then the premium was the
calculated capitalised value of the balance of the estimated market rent over
the term of the lease. The relevant properties were valued on the 1967 basis
in 28 transactions and on the 1974 basis in 52 transactions (see paragraph 23
above).
As time passes, according to the applicants, the 1974 Act will affect an
increasingly higher ratio of properties on their Estate. Since November
1983, another 43 enfranchisements have taken place, bringing up to a total
of about 215 the number of properties enfranchised on the Estate under the
leasehold reform legislation to date. The applicants estimate that there are
likely to be between 500 to 800 further enfranchisements on their Estate in
the future.
28. In each of the 80 transactions the subject of the present case, the price
paid was fixed by negotiation. The applicants were advised by their legal
advisers that they had no grounds for disputing the right of any of the
tenants to acquire the freehold, and that they could not reasonably hope to
obtain a higher price for any of the relevant properties in proceedings before
the Lands Tribunal or, in respect of the more recent transactions, a
Leasehold Valuation Tribunal.
29. The applicants drew attention to the following features of the
individual transactions in question:
(i) in no case except 3 was the property built either by the tenant who
enfranchised or by the tenant’s predecessors;
(ii) in only 6 cases was the property occupied by members of the tenant’s
family continuously since the date of creation of the lease;
(iii) the period of occupation of the tenant prior to the date of his or her
notice to acquire had varied from three to thirty-five years; in 34 out of the
80 instances, it had been under eight years;
(iv) in all the cases, the tenant was entitled to security of tenure, subject
to the conditions laid down by the Rent Acts, upon expiry of the lease (see
paragraph 16 above);
(v) the period between the tenant’s notice (the relevant date for
assessment of the price - see paragraph 26 above) and completion of the sale
varied between one and thirteen years, and in 34 of the 80 transactions was
more than five years;
(vi) the unencumbered freehold value of the properties (as assessed by
the applicants) varied from £44,000 to £225,000, whereas the price paid for
enfranchisement by the tenant varied from £2,500 to £111,000;