Claimant Granted Right to Manage Property Without Claim Notice

OUTCOME: Allowed

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference : MAN/00BS/LOA/2019/0001 Property : 23, [ADDRESS] [POSTCODE] Applicant: [redacted] : [NAME], Solicitors Respondent: [redacted] Commonhold & Leasehold Reform Act 2002 – Section 85(2) Tribunal Members : JudgeC.Wood

Judge L.Bennett

Date of Decision : 5 June 2019

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DECISION

© CROWN COPYRIGHT 2019

Order 1. Pursuant to section 85(2) of the Commonhold and Leasehold Reform Act 2002,

(“the Act”), the Tribunal orders that the Applicant is to acquire the right to

manage the Property without being required to serve a claim notice under

section 79. 2. In accordance with section 90(6) of the Act, the Tribunal determines that the

date of acquisition is 14 days from the date of this Order.

Background 3. By an application dated 24 January 2019, (“the Application”), the Applicant

made an application relating to (no fault) right to manage claim in respect of

the Property.

4. A statement by the [NAME] in support of the Application stated as

follows: 4.1 the Property is divided into three leasehold titles; 4.2 the three leaseholders are the members and directors of the Applicant; 4.3 there are no other tenants who are required to receive notice of participation

under section 78 of the Act; 4.4 the freehold title is registered in the joint names of [RESPONDENT] and [RESPONDENT]; 4.5 none of the three leaseholders has had any contact with Mr. or Mrs. [RESPONDENT]; 4.6 the leaseholders’ attempts to contact Mr.& Mrs.[RESPONDENT] by letter had been

unsuccessful; 4.7 the [NAME] engaged trace agents who believed that Mr.[RESPONDENT]

may have passed away and identified a Ms [RESPONDENT], believed to be

the daughter of Mr.& Mrs. [RESPONDENT]. Letters sent to Ms [RESPONDENT] have received

no response. 5. Directions dated 27 February 2019 were issued. 6. In a statement by [APPELLANT], director of the Applicant,

dated 27 March 2019, the matters requiring confirmation in the Directions

were addressed by provision of the following documentary evidence: 6.1 the Applicant’s incorporation documents; 6.2 Land Registry documents relating to the freehold and leasehold titles; 6.3 report of search agents and copy letters sent to Ms [NAME].[NAME]. 6.4 confirmation that the three qualifying tenants are members and directors of the

Applicant.

Reasons 7. Having regard to the documentary evidence provided by the Applicant, the

Tribunal was satisfied that proper steps had been taken by the Applicant to

ascertain the identity of the landlord of the Property but that these had not

been successful. 8. In the circumstances, the Tribunal considered that it was reasonable to make

an order that the Applicant is to acquire the right to manage the Property. 9. The Tribunal further considered that the date of acquisition should be 14 days

from the date of this Order.

Tribunal Judge C Wood 10 June 2019