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Property disputes weekly: England, Wales and Scotland updates on enfranchisement, proprietary estoppel, repairing obligations, residential tenancies and Scottish servitudes, plus MHCLG access template and London Tribunals Centre—9 October 2025

Published on: 09 October 2025

Published by a LexisNexis Property Disputes expert
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In this issue:

  • Enfranchisement and right to manage
  • Disputes and remedies
  • Repairing obligations and dilapidations
  • Residential tenancies
  • Property Disputes in Scotland
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Enfranchisement and right to manage FTT’s approach to property valuation principles in lease extension upheld (Deritend Investments (Birkdale) v Fung Tai Engineering Company))

In Deritend Investments (Birkdale) v Fung Tai Engineering Company) [2025] UKUT 324 (LC), the Upper Tribunal (Lands Chamber) (UT) rejected an appeal from the First-tier Tribunal (Property Chamber) (FTT) concerning the premium set for extending a leasehold interest in a Hyde Park flat with 54.71 years remaining. Permission to appeal had been granted because it was arguable the FTT had misapplied accepted valuation practice or misunderstood the evidence, with particular focus on the Freehold Vacant Possession Value. The UT proceeded by reviewing the FTT’s determination and concluded there was no error in principle or evaluation warranting interference, thereby leaving the FTT’s assessment of the premium in place...

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