Basement North And South, 40 Clifton Street, EC2A 4DX

What was argued and what the tribunal found

The appellant sought end allowances for disturbance caused by a street market directly in front of the appeal property, originally claiming 9.5% and later revising to 15% for ground floor, 11.5% for first floor, and 6.5% for second floor, plus 1.5% amenity loss. The tribunal accepted that the market had a negative impact on the property, evidenced by rental reductions given to tenants, difficulty letting, pest control increases, and independent reports of nuisance, but rejected the claimed percentages as excessive. The tribunal allowed 5% for ground floors, 3% for first floor, and 2% for second floor, dismissing claims for the higher floors and the 1.5% amenity allowance. The tribunal also rejected a late application to admit rental evidence seven days before hearing, finding insufficient grounds to overcome procedural breaches.

Summary generated from the decision text and checked against it. The appellant was Laurel Brook II Ltd, represented.

Grounds argued

• Change of circumstances
• Quantum or end allowance

Change of circumstances

street market

Evidence

Expert report, Photographs

Cases cited

Gardiner & Theobald LLP v David Jackson; Simpsons Malt Ltd v Jones; Denton v TH White Ltd; Garton v Hunter

Hearing

31 March 2026

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• Second Floor North, 40 Clifton Street, EC2A 4DX — Allowed in part, 30 Apr 2026
• Third Floor North, 40 Clifton Street, EC2A 4DX — Allowed in part, 30 Apr 2026
• First Floor North, 40 Clifton Street, EC2A 4DX — Allowed in part, 30 Apr 2026
• Fourth Floor, 40 Clifton Street, EC2A 4DX — Allowed in part, 30 Apr 2026

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