Flat 1 Waverley Lodge, 22 Waverley Road, Southampton, SO15 1JG CHI/00MS/OLR/2022/0063
DECISION
Covid-19 pandemic: Description of determination This has been a remote determination on the papers which has been consented to by the applicants. A face-to-face hearing was not held because it was not practicable and all issues could be determined in a remote determination on papers. The documents that the Tribunal were referred to are in an electronic bundle, the contents of which have been noted. The order made is described below. Summary of the Tribunal’s decision[1]The premium to be paid by the Applicant for the new lease of Flat 1 Waverley Lodge, 22 Waverley Road, Southampton, SO15 1JG is £5,359.00. Background[2]This is an application made by the applicant leaseholder, pursuant to section 48 of the Leasehold Reform, Housing and Urban Development Act 1993 (“the Act”), for a determination of the premium to be paid for the grant of a new lease of Flat 1 Waverley Lodge, 22 Waverley Road, Southampton, SO15 1JG (“the Flat”.[3]By a notice of claim dated 27 August 2021, served pursuant to section 42 of the Act, the Applicant exercised the right for the grant of a new lease of the Flat. At the time of service, the Applicant held the existing lease dated 20 September 2002 for a term of 99 years commencing on an unspecified date in 2002. The passing ground rent is £100.00 per annum rising to £500.00 per annum.[4]The Applicant’s s.42 notice proposed a premium for the new lease of £3,086.00[5]On 22 November 2021, the Respondent landlord served a section 45 notice admitting the validity of the claim and counter-proposed a premium of £30,000 for the grant of a new lease. Application[6]On 26 April 2022, the Applicant applied to the Tribunal for a determination of the premium.[7]On 13 July 2022, the Tribunal issued Directions advising the parties that it considered the matter suitable for determination on papers, in accordance with Rule 31 of the Tribunal Procedure Rules 2013, unless either party objected in writing within 28 days of the date of the Directions. The parties were also advised that no inspection would be undertaken. No objections were received and neither of the parties sought to persuade the Tribunal that an inspection of the property was necessary or appropriate.[8]The Tribunal has reviewed the papers and is satisfied that the matter is capable of being determined fairly, justly and efficiently on the material available and without an inspection, consistent with the overriding objective of the Tribunal. The Tribunal viewed the building and locality via publicly available platforms.