50, Park Chase, Wembley, London HA9 8EH. LON/00AE/OCE/2025/0075
DECISION
[1]The Tribunal determines that the price to be paid into Court by the Applicants is £66,487.[2]The Tribunal confirms the draft TR1 (pages 144 to 148). The Background[1]This is an application under section 26 of the Leasehold Reform, Housing and Urban Development Act 1993 (“the Act”) pursuant to an order made by Deputy District Judge Adedeji sitting at the County Court at Willesden on 4 July 2025.[2]Section 26 of the Act concerns claims for collective enfranchisement 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 27 of the Act, the role of the Tribunal is to determine the appropriate sum to be paid into Court in respect of the landlord’s interests and to determine the terms of the conveyance.[4]On 10 January 2024 the Applicants issued a Part 8 Claim at the County Court sitting at Willesden for a declaration pursuant to section 25(3) of the Act that they are entitled to exercise the right to collective enfranchisement of the property at 50, Park Chase, Wembley, London HA9 8EH in accordance with the proposals contained in their initial notice dated 25 August 2023 and served pursuant to section 13 of the Act. The application was deemed served on 15 January 2024. This is the relevant date.[5]The applicants have been unable to ascertain the whereabouts of the Respondents.[6]On 4 July 2025 the order of Deputy District Judge Adedeji vested the Respondents’ freehold interest in title number P4436 known as 50, Park Chase, Wembley, HA9 8EH in the Applicants on such terms as are to be determined by the Tribunal.[7]The claim was transferred to the Tribunal for the determination of the sum payable into Court in accordance with section 27(5) of the Act.[8]The Applicants have provided the Tribunal with a valuation report prepared by Mr Josef Wasinski, AssocRICS dated 3 December 2025.[9]Mr Wasinski is of the view that the premium to be paid for the freehold is £70,062.[10]The Applicants have also provided a draft TR1 form of transfer which is included in the bundle at pages 144 to 148. The Tribunal’s Decison[11]It is the Tribunal’s practice to look very carefully at an expert’s report in the case of a missing landlord because the Tribunal does not have the benefit of an expert’s report commissioned on their behalf.[12]However, after a careful scrutiny, the Tribunal accepts the opinions expressed by Mr. Wasinski in his report dated 3 December 2025.[13]In particular, after a careful reading of that report the Tribunal finds(a) the date of valuation to be correct;(b) the length of the unexpired terms to be correct;(c) the capitalisation rate of 6% to be reasonable and appropriate;(d) the deferment rate of 5% to be reasonable and appropriate;(e) the comparables to be appropriate; and(f) the methodology to be correct.[14]The Tribunal adopts the elements for the premium calculation set out by Mr. Wasinski. The premium payable is, therefore, £70,062.[15]Paragraph 3 of the Order of Deputy District Judge Adedeji states that the Applicants’ costs have been summarily assessed as £3,575 and that these costs may be deducted from any sum to be paid into Court by them.[16]Accordingly, the Tribunal determines that the premium to be paid into Court in respect of the freehold is £70,062 less the summarily assessed costs of £3,575. This amounts to a sum of £66,487.[17]The Tribunal also confirms the draft TR1 which is at pages 144 to 148 of the bundle.[18]A copy of Mr. Wasinski’s calculation, which has been adopted by the Tribunal, is annexed to this decision (pages 33 to 35 of the hearing bundle). Name: Judge S.J. Walker Date: 7 January 2026 ANNEX - RIGHTS OF APPEAL• The Tribunal is required to set out rights of appeal against its decisions by virtue of the rule 36 (2)(c) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 and these are set out below.• If a party wishes to appeal against this decision to the Upper Tribunal (Lands Chamber) then a written application for permission must be made to the First-tier Tribunal at the Regional office which has been dealing with the case.• The application for permission to appeal must arrive at the Regional office within 28 days after the Tribunal sends written reasons for the decision to the person making the application.• If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed despite not being within the time limit.• The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal, and state the result the party making the application is seeking.