header-logo header-logo

Home Login E-newsletter About us
22 November 2007 / Timothy Fancourt
Issue: 7298 / Categories: Features , Property
printer mail-detail

Getting the right price

© Copyright LexisNexis 2026. All Rights Reserved.

Timothy Fancourt QC explains Sportelli’s impact on determination of enfranchisement prices

Successive Acts of Parliament, starting with the Leasehold Reform Act 1967 (LRA 1967), have given tenants of houses and flats (in defined circumstances) the right to acquire a freehold interest or an extended lease from their landlords. This legislation has always been contentious. LRA 1967 was challenged in the European Court of Human Rights as infringing the principle against expropriation of property without proper compensation, but the challenge failed. Perhaps in consequence, the rights conferred by the Acts are compendiously described and known as “enfranchisement”.

leasehold enfranchisement

Leasehold enfranchisement is regarded as a highly technical and rather specialist area of practice. It seems to produce highly technical decisions, many of which defy easy understanding. On occasions, however, a decision is made that has wide and general importance for practitioners who do handle enfranchisement claims. The recent decision of the Court of Appeal in Earl Cadogan v Sportelli [2007] EWCA Civ 1042, [2007] All ER (D) 396 (Oct) is one such case. It

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS
Read All
NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
Copyright © 2026 LexisNexis
back-to-top-scroll