First-tier Tribunal Discharges Management Order Following Freehold Acquisition

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

:

CHI/23UE/LVM/2020/0002

Property

:

County Chambers Station Road Gloucester GL 1 1DH

Applicant: [redacted]

[NAME] [EMAIL]

Representative

:

Respondent: [redacted]

[NAME] [EMAIL]

Representative

:

Type of Application

:

Discharge of a Management Order

Tribunal Member(s)

:

Judge Tildesley OBE

Date and venue of CMH

:

Date of Directions

:

5 June 2020

DECISION

2

The Application

1. This an application by Mr [NAME] for the discharge of a the management order appointing him as manager made on 20 November 2018 for a period of two years from 26 November 2018.

2. The ground for the application was that the Management Order was no longer necessary because the leaseholder of the nine flats in the building had acquired the freehold on 22 May 2020.

3. Mr [NAME] explained that during the currency of the order he insured that the landlord’s obligations of insuring the building and maintaining the retained parts were carried out.

4. The Respondent was in full agreement with the Application.

Decision

5. The Tribunal is satisfied that there is no continuing need for a management order and that it is just and convenient it to discharge it from 22 May 2020. The Tribunal expresses its gratitude to Mr [NAME] in fulfilling the role of a Tribunal Appointed Manager.

6. The Tribunal directs Mr [NAME] to wind up the Order by doing the following:

a) Apply to cancel the restriction under the Land Registration Act 2002 against the freehold title.

b) Within 28 days of the date of Order to provide the Tribunal and Respondent with final closing accounts.

c) Transfer any monies held in the account to the Respondent and close the client account.

d) The Manager is entitled to recover his reasonable costs from the Respondent in effecting the wind up of the Order. The claim for reasonable costs when quantified and approved by the Tribunal is enforceable through the County Court.

3 RIGHTS OF APPEAL

1. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to the First-tier Tribunal at the Regional office which has been dealing with the case. The application must be made by email at rpsouthern.justice.gov.uk

2. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

3. If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

4. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.