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England and Wales Lands Tribunal
You are here: BAILII >> Databases >> England and Wales Lands Tribunal >> Wafa v Grosvenor West End Properties [2007] EWLands LRA_125_2006 (03 July 2007)
URL: http://www.bailii.org/ew/cases/EWLands/2007/LRA_125_2006.html
Cite as: [2007] EWLands LRA_125_2006

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Wafa V Grosvenor West End Properties [2007] EWLands LRA_125_2006 (3 July 2007)
LRA/125/2006
LANDS TRIBUNAL ACT 1949
LANDLORD AND TENANT — acquisition by tenant of a new lease —application to Leasehold
Valuation Tribunal — procedure — Leasehold Valuation Tribunal (Procedure)(England)
Regulations 2003
IN THE MATTER OF AN APPEAL FROM A DECISION OF THE LEASEHOLD
VALUATION TRIBUNAL FOR THE LONDON RENT ASSESSMENT PANEL
HAYA NASHAT WAFA
Appellant
BETWEEN
and
GROSVENOR WEST END PROPERTIES
Respondent
Re: 14 Connaught House
Mount Row
London W1Y 5DBI
Before: His Honour Judge Huskinson
(Case decided upon written representations)
CROWN COPYRIGHT 2007
DECISION
1.      The Appellant appeals to the Lands Tribunal, with permission granted by the Leasehold
Valuation Tribunal, from the decision of the Leasehold Valuation Tribunal for the London
Rent Assessment Panel (“the LVT”) dated 24 July 2006 whereby the LVT dismissed the
Appellant’s application dated 2 February 2005 purportedly under its powers under Regulation
11 of the Leasehold Valuation Tribunal (Procedure) (England) Regulations 2003. The
Appellant’s application of 2 February 2005 was an application under section 48 of the
Leasehold Reform, Housing and Urban Development Act 1993 for the determination of the
premium payable upon the grant to the Appellant of a new lease and for the determination of
the terms of the new lease.
2.      By a letter dated 4 May 2007 and sent by the Lands Tribunal to the solicitors for the
Appellant and for the Respondent (and also sent to Denton Wilde Sapte representing another
landlord, namely Whiston Properties Limited who had indicated an intention to be separately
represented) the Tribunal notified the parties of its provisional view in these proceedings and
indicated that, in the absence of any written representations from any party to the contrary by
25 May 2007, the Tribunal would decide the case upon the written representation procedure
and would reach a decision in accordance with the provisional view stated in that letter. With
the letter of 4 May 2007, there was sent to the Respondent’s solicitors and also to Wilde Sapte
a copy of a witness statement by Lucy Janet Barber (together with attached documents) which
had been lodged with the Tribunal on behalf of the Appellant and which explained what
procedurally had occurred in this case.
3.      No such written representations to the contrary have been received from any party by
25 May 2007 or at all. I conclude that the parties have thereby consented to this appeal being
determined without an oral hearing.
4.      The Tribunal concludes that the LVT, in reaching its decision which is the subject of this
appeal, erred in law in that:
(a)     The LVT wrongly dismissed the Appellant’s application without taking into
consideration a letter from the Appellant’s solicitors dated 12 June 2006.
(b)     The LVT wrongly concluded that it had jurisdiction to dismiss the Appellant’s
application under Rule 11 of the 2003 Regulations when
(i) the LVT had misdirected itself that it had sent a reminder letter to the
parties dated 21 June 2006 when in fact no such letter had been sent, and
(ii) the letter of 21 June 2006 (sent to the Appellant’s solicitors by way of
copy after the LVT had already dismissed the Appellant’s application)
would not (even if it had been sent earlier) have constituted an adequate
letter to comply with the provisions of Regulation 11(2) and (3).
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5. Accordingly the Tribunal allows the Appellant’s appeal. The decision of the LVT dated
24 July 2006 is reversed and, as a result, the Appellant’s application to the LVT remains an
outstanding application before the LVT.
Dated 3 July 2007
His Honour Judge Huskinson
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URL: http://www.bailii.org/ew/cases/EWLands/2007/LRA_125_2006.html