R (on the application of Wolters (London) Ltd) v London Rent Assessment Committee and others

[2003] EWHC 1465 (Admin), 5 June 2003. Appeal by landlord Wolters (London ) Ltd (W) from a decision by the first respondent London Rent Assessment Committee (L) relating to its determination of fair rents of premises occupied by four tenant respondents. W challenged L's determination of the fair rents for four flats in its refurbished building (two at £547.20 per lunar month, two at £518.40) occupied by the four tenant respondents. W had relied on the rents of two other flats in the building (£800-900 per lunar month) let as assured shorthold tenancies as comparables. W appealed L's decision on six grounds, five relating to methodology and the sixth to scarcity. "Held" appeal allowed on three of the six grounds. L's reasons for adjustments made to take account of physical differences between the flats were thoroughly unsatisfactory (L had failed to make clear it had taken as it starting points the rents for W's two main comparables) but did not amount to an error of law. As for ground six, when considering a discount for scarcity, the locality being used must be properly explained to ensure that it is not discounting for amenity rather than disregarding scarcity. L's decision was quashed and remitted to a differently constituted committee for re-determination. View judgment at www.bailii.org.