2 ND F NEW BALTIC HSE, 65, FENCHURCH STREET, EC3M 4BE

What was argued and what the tribunal found

The appellant argued that major building works at Gotham City opposite the subject property warranted a 5% allowance for disturbance from noise, dust, vibration and visual disruption, seeking a reduction to £44,000. The tribunal found that by the material day (14 February 2020), the heavy demolition and piling works had largely been completed, and the sealed nature of the subject property with double glazing and air conditioning would mitigate any remaining effects. The tribunal was not satisfied that the intensity of remaining works would have caused a hypothetical tenant and landlord to agree a reduced rent, and the comparable allowances applied to nearby properties were distinguishable on the basis of their different characteristics, timing and proximity to the works.

Summary generated from the decision text and checked against it. The appellant was Blake Turner LLP, represented.

Grounds argued

• Change of circumstances · decisive
• Quantum or end allowance

Change of circumstances

building works - Gotham City development

Evidence

Rents, Expert report, Photographs

Cases cited

Gardiner & Theobald LLP v David Jackson (VO) [2018] UKUT 0253 (LC)

Hearing

28 November 2023

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