First-tier Tribunal Grants Statutory Lease Extension Under 1993 Act

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : TR/LON/00AL/OLR/2022/0809 Property :

12(a) [ADDRESS], [POSTCODE]

Applicant : [redacted] : [NAME] [COUNSEL] Solicitors Respondent : [redacted] : Not applicable (missing landlord) Type of application : Application under sections 50 and 51 of the Leasehold Reform Housing and Urban Development Act 1993 Tribunal member :

[NAME] Registered Valuer Venue : Remote Date of paper determination : 14 December 2022

DECISION

2 Decisions of the Tribunal (1) The tribunal determines that the price to be paid by the applicant for the new lease on statutory terms is £25,663. The Background 1. This is an application under section 50 and 50(1) of the Leasehold Reform Housing and Urban Development Act 1993 (“the 1993 Act”) pursuant to an order made by Deputy District Judge Blake sitting at the County Court at Bromley on 7th October 2022.

2. Sections 50 and 50(1) of the 1993 Act concerns claims for a statutory lease extension where the relevant landlord cannot be found. It enables the court to make a vesting order in respect of any interests of the landlord which are liable to acquisition.

3. Under section 51 of the 1993 Act, the role of the tribunal is to determine the appropriate sum to be paid into court in respect of the landlord’s interests.

4. The applicant in this matter is [NAME] [APPELLANT] [NAME]. He is the qualifying tenant of the ground floor flat referred to as 12(a) [ADDRESS], [POSTCODE] (“the Property”). The respondent freehold owner is [NAME] [APPELLANT] [NAME].

5. On 4th November 2021, the applicant issued a Part 8 Claim at the County Court at Bromley for an order pursuant to section 50(1) of the 1993 Act seeking a new lease in the Property. The applicant has been unable to ascertain the whereabouts of the respondents after a comprehensive search and enquiries. For this reason it is not reasonably practicable for the applicants to serve a notice pursuant to section 42 of the Act on the respondents.

6. The applicant subsequently applied for a vesting order under section 49(3) of the 1993 Act. The vesting order was granted subject to the determination of this tribunal.

7. The applicant has provided the tribunal with a valuation report prepared by [NAME] [NAME] dated 24 November 2022. 8. [NAME] [NAME] is of the view that the premium to be paid for the statutory lease extension is £25,663.

3 The Determination 9. The tribunal carefully scrutinised the valuation submissions at pages P62- P96 of the bundle and accepts the opinions expressed by the applicants Expert, [NAME] [NAME] in his valuation report dated 24th November 2022.

10.

Accordingly, the Tribunal determines that the premium to be paid in respect of the new lease is £25,663 less the court assessed costs which are still to be determined. These monies to be paid into Court.

11. The Tribunal also approves the draft proposed New Lease included in the bundle at pages P124-162 subject to the inclusion at LR 7 and paragraph 1.1 “Premium”, that the premium is in the sum of £25,663.

12. This matter should now be returned to the County Court sitting at Bromley under Claim Number H01BR411 in order for the final procedures to take place. Valuer Chairman: [NAME] 14th December 2022