Case No. UKUT-0074-(LC)

1.This is a decision to determine the compensation payable to Mr Alfred Yazdiha and Mr Mohammad Syed Fatemy (“the claimants”) by the London Borough of Brent (“the Council”) following the compulsory acquisition of the leasehold interest in Flat 91, Gloucester House, Cambridge Road, Kilburn NW6 5XJ (“the property”) under the London Borough of Brent (South Kilburn Regeneration Phase 2b – Gloucester House and Durham Court) Compulsory Purchase Order 2014 (“the CPO”). 2.The claimants, who are litigants in person and were thus unrepresented, issued their Notice of Reference on 15 March 2017, and said in their statement of case that at the agreed valuation date of 19 January 2016, the property was worth £400,000 to which must be added a basic loss payment of £30,000 (7.5% of the value) under ss.33A and 33C of the Land Compensation Act 1973 (“the 1973 Act”), together with various disturbance costs amounting to £57,094, bringing the total to £487,094.3.The Council was represented by Ms Angela Piears of counsel, who called Mrs Rachel Covill BSc (Hons) MRICS, a Principal Surveyor at the Bromley office of District Valuer Services, Property Specialists for the Public Sector. She valued the property at £275,000 and argued that whilst the claimants’ entitlement to a basic loss payment was not in issue, compensation for disturbance should amount to no more than £10,000. Mr Denish Patel, the Council’s Case Manager with responsibility for this matter, was also called to give evidence of fact.