...vacant possession as provided in clause 23.2, this Lease shall be terminable by the Tenant at the expiry of the twentieth year of the Term by the Tenant giving to the Landlord not less than 12 months' and...clause 11 and with full vacant possession) but such determination shall be without prejudice to the respective rights of either party against the other in respect of any antecedent claim or breach of...vacant possession as provided in clause 23.2" oblige the tenant to yield up the premises with vacant possession, the reference to clause 23.2 simply qualifying, or being governed by, the words "with...

...and the claimants, the London Borough of Haringey ("the Council"), of the other part Mr Patel let and the Council took "with vacant possession" the second floor flat at 57B Muswell Hill Road, Muswell...end or sooner determination of the term peaceably to leave and yield up the premises to Mr Patel "with vacant possession".4. On 14th January 1997, during the currency of the head lease...vacant possession for use as temporary housing accommodation,(b) the terms on which it has been leased include provision for the lessor to obtain vacant possession from the...

...& Northern be appointed valuer but they could not agree on the correct basis of the valuation. Mr Innes argued that the property should be valued with vacant possession, whereas Mr Simmers contended that it...part involved applying a "discount subject to tenancy", in other words, a reduction in the vacant possession value on the basis the land was subject to the tenancy. Mr Rhind estimated the deduction as...31 March 2004, and Mr Simmers failed to complete on that date, and (2) in any event the Valuation put forward two values, namely a vacant possession value and a tenanted value, and consequently it was...

...the period for negative prescription was 20 years. The appellant had become the owner of a block of flats etc. which he was minded to redevelop, for which he required vacant possession. One...failed to give such notice timeously, with the result that vacant possession could not be obtained earlier than Whitsunday 1972. The appellant took no proceedings and made no claim in respect of that...breach of duty until November 1976, more than five years after the breach had resulted in inability on the part of the appellant then to obtain vacant possession and get on with his proposed...

...give vacant possession on 3 April 2009, a condition of its exercise. If Ibrend was right, it was agreed that the lease continued after 3 April 2009 until 25 December 2009, when it was terminated...). 4. The judge found that NYK had not given vacant possession on 3 April 2009 and so had not validly exercised the break option. He also rejected NYK's alternative case that Ibrend had waived its right...the first date of determination without deduction; and(b) Have delivered up vacant possession of the PremisesAnd in the event that the above...

...market value of the house with vacant possession." It was also open to a local authority to dispose of properties at a discount of between 30% and 70%, which is what the council in fact did...based his calculation on the open market value, with vacant possession, of the properties sold. He did not reduce his calculated figure of loss to reflect the discounted prices at which the council...element of loss is the loss of part of the council's stock of social housing. It was not a loss in a commercial venture of selling dwellings with vacant possession. In my judgment the Divisional Court...

...vacant possession of the premises will be given on that day. Upon that vacant possession being given, the claimant (the respondent to this appeal) will pay to the defendant (the appellant) the sum of...40,000, inclusive of all costs in all the three actions. So it is a lump sum figure. 5. If vacant possession is not given up by that day (14 January), for each day thereafter the sum...that will be paid to the defendant upon vacant possession will be decreased by the figure of 250 per day. 6. LORD JUSTICE LAWS: I follow. 7. MR STONE: In relation to all...

...the fact that he extended dates for compliance, in particular being that Mr Boatwright should give vacant possession by 30 April 2008. 6. Mr Boatwright sought to appeal against that...for an appeal to be heard. That should have been the end of the any dispute about the order for vacant possession and should have been complied with. At that stage no penal notice had been attached...made an order that vacant possession should be given by 21 April 2009, with a penal notice being attached to the order. As Mr Boatwright is well aware, the effect of a penal notice once the order is...

...virtue of what is said to have been the inability of the Windham Trust to deliver vacant possession in accordance with the terms of the contract in circumstances where the Windham Trust had served a...circumstances concerning the possible giving of vacant possession of the property, the general factual background to the contract is not disputed. I, therefore, turn to the uncontested facts...vacant possession in accordance with General Condition 21 of the Law Society General Conditions of Sale. The sale was due to close on the 31st January, 2008, (the Closing Date). It seems clear that the...

...tenants, paying the rent to the agents. 5. The position then arose that Mr Quennell wanted to get possession of the house. If he could get vacant possession, he could sell it at a high...price. It might be worth 30,000 to 40,000 with vacant possession. Mr Quennell started proceedings for nuisance and annoyance, but he dropped them. Then he went to lawyers for advice. After consulting...right, opens the way to widespread evasion of the Rent Acts. If the owner of a house wishes to obtain vacant possession, all he has to do is charge it to the bank for a small sum. Then grant a new...

...in agreement as to the value of the freehold with vacant possession. Mr Baily valued it at £240,000; Mr Foster valued it at £227,000. They differed fundamentally, however, about the basis upon which...the landlord the tenancy represents the difference between ability to sell the farm with vacant possession and subject to the tenancy. I would expect the vacant possession value to be £240,000 and...the tenanted value to be £120,000 to produce a value to the landlord of obtaining vacant possession of £120,000. We therefore value the tenancy at a figure between £118,000 and £120,000 or £119,000...

...of the right to receive a ground rent during the term has been assessed separately from the value of vacant possession at the end of the term. The former is ascertained by capitalisation of the ground...rent to arrive at the present value of the flow of income as at the valuation date. The latter is arrived at by ascertaining the open market value of the freehold interest with vacant possession as...at the valuation date and then adjusting that value to reflect the fact that vacant possession will not be available until the end of the term. The adjusting factor is called the deferment rate . The...

...Housing Act 1989 being exercised at the end of the existing lease; and (v) that the FTT failed to adjust the value of the extended lease upwards to give the freehold vacant possession value...% when the unexpired term is slightly longer than those in 68 Mallaby Close and 18 Marine Drive.� As such, the Tribunal has adopted 4%.� Issue (v): freehold vacant possession value 18. The...said at paragraph 91: �that it would only exceptionally be the case that such factors [obsolescence and condition] were not fully reflected in the vacant possession value and the risk premium.� Evidence...

... Freehold Vacant Possession Value 16. Mr T Jackman MRICS of Aspects Surveyors produced an expert's report on behalf of the Applicant in which he concluded th...Freehold Vacant Possession Value to be adopted for this calculation is £155,000.00. 17. In support of his valuation he referred to 3 sales of flats in the vicinity...in which he concluded the Freehold Vacant Possession Value is £181,800.00. The Parties Valuations 19. Applying the inputs presented above together with the agreed...

...dispute is not a question as to the value of land(2) that the value of Mr Williams' interest in Ash Lane Farm was less than a mathematical one-half of the vacant possession value...vacant possession value thereof. 6. At the hearing before the Special Commissioner a preliminary point was taken by the Revenue to the effect that, by virtue of section 222 (4A) and...one-half of the vacant possession value of the property, by reason of the related property provisions of sections 160 and 161(4) of the IHTA. That issue (namely whether the related property provisions...

...right to receive a ground rent during the term has been assessed separately from the value of vacant possession at the end of the term. The former is ascertained by capitalisation of the ground rent...to arrive at the present value of the flow of income as at the valuation date. The latter has been arrived at by ascertaining the open market value of the freehold interest with vacant possession as at...the valuation date and then adjusting that value to reflect the fact that vacant possession will not be available until the end of the term. The adjusting factor is called the "deferment rate". The...

...vacant...possession (FHVP...vacant...

...redevelopment of the building into a single house − extent of risks regarding ability to obtain vacant possession and carry out such redevelopment − how such risks would affect properly advised hypothetical...possession bearing in mind (a) the prospect of that Mrs Marks would enjoy security of tenure in the Basement Flat, (b) the potential problems of obtaining vacant possession of Flat 1 and the...of the freehold reversion in the Building on the basis that the Building remained as four units of accommodation and the value of the freehold of the Building on the basis that full vacant possession was...

...the vacant possession value. It is appropriate, therefore, to grant permission for an appeal which can be heard in the light of the forthcoming decision of the Court of Appeal in...reflected in the vacant possession value. As to Mr Boswood’s suggestion that the LVT’s reference to the building being poor could have partly been the result of its inspection of the state of the private...vicinity and would be fully reflected in the vacant possession value. Mr Asbury said that any effect upon the flats caused by the road leading to the industrial estate at the rear was again a factor that...

...tenant law. 2. The present appeals are concerned with two preliminary issues, directed by the Lands Tribunal, to determine: (i) "the proper deferment rate to be applied to vacant possession value...statutory rights. This is in practice treated as including the value of the right to receive a ground rent during the term and the value of the prospective right to vacant possession at the end of...the term. The latter, conventionally, is fixed by taking the open market value of the freehold interest with vacant possession at the valuation date and adjusting that value downwards by application of...