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JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
In the area of Belgravia in Central London, upon a site which was once
farmland on the outskirts of the City of London, the Westminster family and
its trustees have developed a large Estate comprising about 2,000 houses
which has become one of the most desirable residential areas in the capital.
The applicants, as trustees, have been deprived of their ownership of a
number of properties in this Estate through the exercise by the occupants of
rights of acquisition conferred by the Leasehold Reform Act 1967, as
amended.
11. This legislation confers on tenants residing in houses held on "long
leases" (over, or renewed for periods totalling over, 21 years) at "low rents"
the right to purchase compulsorily the "freehold" of the property (the
ground landlord’s interest) on prescribed terms and subject to certain
prescribed conditions (see paragraphs 20 to 26 below). Under the system of
long leaseholds, a tenant will typically purchase a long lease of property for
a capital sum and pay a small or even nominal rent for it thereafter. The
lease is a real-property interest, registerable in the Land Registry. The
legislation in issue in the present case is not concerned with the ordinary
system of rented tenure under which the tenant pays a "rack rent" reflecting
the full annual value of the property. The landlord/tenant relationship under
the ordinary system is regulated, for houses under a certain (rateable) value,
by separate legislation in the form of the "Rent Acts", which provide
machinery for fixing "fair rents" and provide certain security of tenure for
tenants.
B. The system of long leasehold tenure and the background to the
Leasehold Reform Act 1967
12. Two principal forms of long lease of residential property exist.
The first is a building lease, typically for 99 years, under which the
tenant pays a "ground rent" - a low rent fixed by reference to the value of
the bare site - and undertakes to erect a house on the site and in general also
to deliver it up in good repair at the end of the lease.
The second is a premium lease where the tenant pays the landlord a
capital sum or "premium" for a house provided by the landlord, and
thereafter a rent. The duration of the lease is variable, as are the relative
proportions of premium and rent. According to evidence submitted to the
Court, the premium charged will typically take into account the building
cost and an appropriate profit element. Factors entering into the calculation
will normally include the length of the proposed lease, its terms (for
example, whether sub-letting is allowed) and the state of the property at the
time when the lease is granted. The method used to calculate the premiums
under the leases concerned in the present case is described below (paragraph
27).