[2024] UKUT 356 (LC)

Fecha: 15-Nov-2024

Conclusions

Disposal

77.

For these reasons we are satisfied that the repair assumption requires that the Property be valued on the basis that, at the material day, damage to the basement which had been caused by the ingress of water had been repaired and that the repair included sealing the joint between the basement floor and the adjoining wall so that it no longer allowed the entry of water into the premises.

78.

The appeal is accordingly dismissed.

Martin Rodger KC, Mark Higgin FRICS FIRRV

Deputy Chamber President

15 November 2024

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.