[2025] UKUT 00335 (LC)

The property is a three-bedroom, semi-detached house, situated on the northern edge of Wednesbury, three miles north east of the city of Wolverhampton. It has an attached garage linking it to the neighbouring property and a total floor area, including the garage, of around 1,000 sq ft. The construction is of cavity brick walls under concrete tiles, with double glazed windows.

The state of the empty property was first notified to the authority’s Empty Property Team in April 2016, due to its poor condition, and subsequently to the Environmental Health Department due to vermin infestation. Negotiations with the claimant, who lives elsewhere in Wolverhampton, did not give rise to improvements and no works were undertaken in response to a notice issued under section 83 of the Public Health Act 1936 requiring removal of refuse, cleansing and pest control treatment. On 20 July 2017 the authority obtained a warrant to enter the property and execute those works. This event remains a source of dispute with the claimant.

The property remained vacant and in due course the authority made The Wolverhampton City Council (45 Springhill Road) Compulsory Purchase Order 2019 under section 17 of the Housing Act 1985 and the Acquisition of Land Act 1981. A public inquiry was held on 14 September 2021, at which the claimant appeared as the sole objector. The inspector made a site visit on 17 September 2021 and by a decision of 13 October 2021 confirmed the order.

A GVD was made on 28 April 2022 and a letter sending notification to the claimant was dated 29 April 2022. The vesting date was stated to be three months after the owner received notice, which the authority has assumed, for the purposes of this reference, to be 2 August 2022.

However, at the time the authority appears to have believed that the valuation date immediately followed the GVD. Mr Kaur, an Estates Officer for the authority instructed Bruton Knowles in Birmingham to prepare a building condition survey and a “compensation valuation” report as at 29 April 2022. May Beaney MSc MRICS, an RICS Registered Valuer, made an inspection on 1 July 2022, together with a colleague who conducted the building condition survey, and issued a valuation report dated 26 July 2022 (“the Red Book valuation”) in which the market value of the property at 29 April 2022 was assessed to be £150,000. This was a rounded figure based on an opinion of market value in good condition of £235,000, less the estimated cost of remedial works at £84,356, derived from the Bruton Knowles building condition survey dated 22 July 2022.

The authority says that the claimant was made aware of the report and that communications took place with her regarding the proposed compensation sum of £150,000, which she is said to have been prepared to accept. However, the claimant is said to have alleged that items of personal property and belongings were removed from the property when the authority entered in July 2017, for which she also required compensation. The authority disputes the allegation and says that no list or evidence was provided by her.

The parties have therefore been unable to agree the compensation due to the claimant, which led to the authority making this reference. The authority stated on the reference and in their statement of issues that they seek determination of compensation for the value of the property at £150,000. In addition, they seek determination of any compensation arising from items alleged to have been taken from the property.

The Tribunal directed the authority to file expert valuation evidence in support of its valuation and the authority instructed Ms Beaney to provide an expert report on the market value of the property for compensation, at the assumed vesting date of 2 August 2022. Her report (undated) was filed with the Tribunal on 16 April 2025. The report concluded with an opinion of value for compensation, as at 2 August 2022, at £120,000. This was a rounded figure based on an opinion of market value in good condition of £200,000 less the estimated cost of remedial works, derived from the building condition survey dated 22 July 2022, at £80,339.

The only communication received from the claimant in response to notice of the reference was on 10 July 2025, when a member of Tribunal staff received a telephone call from her confirming that the documents had been received and stating that she was unable to engage with the Tribunal or the authority. The claimant repeated her allegation that the authority had removed possessions from her house without her permission when they entered in 2017 to remove refuse and carry out pest control work.

The Tribunal then wrote to both parties by post, requesting responses by 29 August 2025, so that the claimant had a final opportunity to state her position. The claimant was asked to supply a list of items she believed were taken from the property, with any available evidence of value, and to confirm that she had previously accepted the authority’s offer of £150,000 in compensation for the property. The authority was asked to provide a copy of the report which recommended compensation of £150,000, and any evidence in support of their position that nothing of value was removed from the property when entry was taken.

Nothing further was heard from the claimant. The authority supplied the Red Book valuation of 26 July 2022, copies of letters sent to the claimant in early 2022 before the GVD was made, and a witness statement from Mr Dean Pickering, whose business carried out house clearance at the property for the authority.