Dependable Homes Limited v (1) David John William Mann (2) Margaret Ann Mann
Decision date: 8 September 2009
Neutral citation: [2009] UKUT 171 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
Dependable Homes Ltd appealed an LVT decision fixing the premium for a new lease of Flat 21, Sunningdale Court. The Lands Tribunal reheard valuation evidence and fixed the unimproved long leasehold value at £158,000, adopted a relativity of 83%, and allowed the appeal, fixing the premium at £19,000. The Tribunal preferred a vetted "graph of graphs" relativity over local LVT percentage figures and adjusted comparables where necessary. It also held the LVT was wrong to determine a price outside the range contended before it.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
Where transaction evidence is unreliable or inadequately adjusted for differences (condition, timing, and whether sales were Act or no‑Act), the Tribunal may give greater weight to vetted graphical evidence of relativity; prior LVT percentage figures have limited evidential value unless their supporting evidence is investigated. Also, while a tribunal may reassess component valuation parts, it should not determine a price outside the range contended before the lower tribunal.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judgment expressed that rule‑of‑thumb local uplifts (for example, fixed percentage increases per year) are undesirable without evidential foundation; adjustments between comparables should reflect improvements, detractors and market timing and can be substantial.