Claimant Successfully Obtains Right to Manage Premises

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BG/LRM/2024/0019 Property : 521 [ADDRESS] [POSTCODE] Applicant : [redacted] : [COMPANY] Respondent : [redacted] Freeholder at date of Notice) (2) [COMPANY] (purchaser of freehold unregistered owner at date of Notice) Representative for [COMPANY] : [COMPANY] of [NAME] : Right to Manage Tribunal : Judge Nicol Date of order : 22nd October 2024

ORDER

(1) The Respondents are barred from further participation in the proceedings. (2) On summary judgment, the Tribunal determines that the Applicant is entitled to exercise the right to manage.

Reasons

1. The Applicant applied under section 84(3) of the Commonhold and Leasehold Reform Act 2002 ("the Act") for a decision that, on the relevant date, they were entitled to acquire the Right to Manage premises known as [ADDRESS] (“the premises”).

2 2. The Tribunal issued directions on 20th June 2024, which were amended on 14th August 2024, containing a warning at paragraph 14 that, if the Respondents failed to comply with the directions the Tribunal may bar them from taking any further part in all or part of these proceedings and may determine all issues against them pursuant to rules 9(7) and (8) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (“the 2013 Rules”).

3. On 25th July 2024 the Tribunal issued a notice that it was minded to bar the Respondents due to their failures to comply with the directions. Representations were invited but none were received. Therefore, the Respondents are barred from further participation in the proceedings.

4. On 15th October 2024 the Applicant applied for summary judgment, as permitted under rule 9(8) of the 2013 Rules. 5. [COMPANY] was the registered freeholder of the premises at the time the Applicant served the notice on them in relation to exercising the right to manage. [COMPANY] had purchased the premises, their interest was not yet registered. Therefore, the notice was validly served and [COMPANY] could not validly serve a counter-notice.

Name: Judge Nicol Date: 22nd October 2024

RIGHTS OF APPEAL

1. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber) then a written [NAME] for permission must be made to the First-tier Tribunal at the Regional office which has been dealing with the case.

2. The [NAME] for permission to appeal must arrive at the Regional office within 28 days after the Tribunal sends written reasons for the decision to the [NAME].

3. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed despite not being within the time limit.

4. The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal, and state the result the party [NAME] the [NAME] is seeking.