Flat A, 83 Ealing Park Gardens, London, W5 4ET LON/00AJ/OLR/2026/0096
DECISION
Decisions of the Tribunal(1) The Tribunal determines that the price to be paid by the Applicants for the new lease is £41,200.(2) The terms of the draft lease are provided for in paragraph 11 below. The Tribunal’s Determination[1]This is an application under Section 50 of the Leasehold Reform Housing and Urban Development Act 1993 (“the 1993 Act”), which was transferred to the Tribunal pursuant to paragraph 3 of an order made by District Judge Worthington sitting at the County Court at Brentford on 20 November 2025.[2]Section 50 of the 1993 Act concerns claims for lease extensions 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 and also to approve the form and terms of the proposed new lease.[4]The Applicants are the qualifying tenants of Flat A, 83 Ealing Park Gardens, London, W5 4ET (“the Property”). The Respondent is the freehold owner of the Property.[5]On 24 July 2025, the Applicants issued a Part 8 Claim at the County Court at Brentford seeking a vesting order under Section 50(1) of the 1993 Act. The Applicants had been unable to ascertain the whereabouts of the Respondent and they were therefore unable to serve a notice on him pursuant to Section 13 of the 1993 Act.[6]On 20 November 2025, District Judge Worthington made an order which includes the following provisions: “1.The Claimants claim for a vesting order pursuant to section 50(1) of the 1993 Act is granted and the Claimants are entitled to surrender their existing lease, that being the lease dated 2 May 1986 between(1) John Kelly and(2) Steven Terence Reiman for a term of 99 years from 3 May 1986 and registered under HM Land Registry Title Number NGL556077, and to be granted a new lease on such terms as may be determined by the First-Tier Tribunal (Property Chamber) under sections 51(1) to (5) of the 1993 Act. 2.The requirement for service of a notice of claim on the Defendant pursuant to section 42 of the 1993 Act is hereby dispensed with. 3.This matter is hereby transferred to the First-tier Tribunal (Property Chamber) for the purposes of determining the terms of the new lease and the premium payable.”[7]The Applicants have provided the Tribunal with a valuation report dated 9 April 2026, which was prepared by Mr Oliver Saxby MRICS of Marr-Johnson Egerton LLP.[8]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.[9]However, after a careful scrutiny, the Tribunal accepts the opinions expressed by Mr Oliver Saxby MRICS of Marr-Johnson Egerton LLP, in his report dated 9 April 2026.[10]Accordingly, the Tribunal determines that the premium to be paid into Court in respect of the new lease is £41,200.[11]The Tribunal also approves the draft proposed lease which has been included in the bundle at page 143, subject to amendments to state that the premium is £41,200 and not £29,500.[12]This matter should now be returned to the County Court sitting at Brentford under Claim Number M01BF199 in order for the final procedures to take place. Name: Judge N Hawkes Date: 11 May 2026 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal 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. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).