The tenants had applied, under s48 Leasehold Reform Housing and Urban Development Act 1993 for a new lease of 43 Rednall Drive. The only issue between the parties was the price to be paid. The LVT adopted an approach and a final figure which neither party contended for.
The Lands Tribunal disapproved of this. Whilst it was clear that the LVT was an expert tribunal, it was not entitled to simply substitute its own views without giving the parties a chance to comment upon the situation. The LVT had unilaterally attached an importance to certain improvement works which it had noted during the inspection. Neither of the experts had accompanied the LVT on its inspection nor commented upon these improvements
Analysis
The interplay between the LVTs role as an expert tribunal and a quasi-judicial body has never been an entirely satisfactory one and this case indicates the kinds of problems that can arise.
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