Flat B, Beecroft Road, Brockley, London SE4 2BS. LON/00AZ/OLR/2025/0944
DECISION
[1]The Tribunal determines that the price to be paid by the Applicant for the new lease is £39,500 £35,900.[2]The Tribunal approves the draft proposed lease included in the bundle at pages 11 to 22 subject to the inclusion at LR7 of the sum £39,500 £35,900. The Background[1]This is an application under section 50 of the Leasehold Reform, Housing and Urban Development Act 1993 (“the Act”) pursuant to an order made by HHJ Holmes sitting at the Central London County Court on 18 June 2025.[2]Section 50 of the 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 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 new lease.[4]On 23 April 2025 the Applicant issued a Part 8 Claim at the Central London County Court for an order pursuant to section 50(1) of the Act seeking an order vesting a new lease of the property, flat B, 6, Beecroft Road, Brockley, London SE4 2BS in the Applicant pursuant to section 39 of the Act.[5]The applicant has been unable to ascertain the whereabouts of the Respondent.[6]On 18 June 2025 the order of HHJ Holmes dispensed with the need for any further enquiries as to the whereabouts of the freehold owner of the premises, dispensed with any requirement to serve notice on the Respondent under section 42 of the Act, and granted the vesting order.[7]The claim was transferred to the Tribunal for the determination of the sum payable into Court in accordance with section 51(3) of the Act and the terms of the lease pursuant to section 49 of the Act.[8]The applicant has provided the tribunal with a valuation report prepared by Mr Laurence Adrian Nesbitt BSc (Hons), FRICS, MCIArb dated 17 November 2025.[9]Mr Laurence is of the view that the premium to be paid for the statutory lease extension is £35,900 as at the valuation date of 24 April 2025.[10]The Applicant has also provided a draft proposed lease which is included in the bundle at pages 11 to 22. 3 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 Laurence in his report dated 17 November 2025.[13]Accordingly, the Tribunal determines that the premium to be paid into Court in respect of the new lease is £39,500 £35,900.[14]The Tribunal also approves the draft proposed lease included in the bundle at pages 11 to 22 subject to the inclusion at LR7 (page 12) of £39,500 £35,900 and that these monies are paid into Court.[15]This matter should now be returned to the County Court sitting in Central London under claim number M01CL450. 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 Firsttier 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. 4