First-tier Tribunal Dismisses Management Order After Freehold Purchase

OUTCOME: Dismissed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AG/LVM/2023/0015 Property : 36 [ADDRESS] [POSTCODE] Applicant : [redacted] Respondents : [redacted] the leaseholders Type of [NAME] : To extend an order for the appointment of a manager Tribunal : Judge [NAME] : 10 [ADDRESS] [POSTCODE] Date of decision : 24th April 2024

DECISION

Background 1. The final hearing in this matter was listed to take place on 9 February 2023 at 10 [ADDRESS] [POSTCODE].

2. The hearing was attended by the Applicant, [APPELLANT], accompanied by Ms [APPELLANT], the Property Manager. The hearing was also attended by [NAME] and [NAME], who are currently lessees.

3. Ms [NAME] and Mr [NAME] informed the Tribunal that they anticipate that they will purchase the freehold on 1 March 2024. It was therefore agreed that the final hearing of this [NAME] will be postponed in order to enable the proposed purchase to take place.

4. The Applicant indicated that, if the lessees purchase the freehold, he might agree that the management order should be discharged.

2 5. The Tribunal held a hearing today. The landlord, Ms [APPELLANT] (now Ms [APPELLANT]) did not attend. Neither did the applicant. Instead three lessees, Ms [APPELLANT], Mr [APPELLANT] and Mr [NAME], attended.

6. They explained that the purchase of the freehold had been completed on 16th April 2024. The freeholder was now 36 [APPELLANT], a tenant-owned company. In consequence there was no need to continue the appointment of the applicant, Mr [APPELLANT].

ORDER 1. The [NAME] by the Tribunal-appointed manager is dismissed. 2. No order for costs

Name: Judge Adrian Jack Date: 24th April 2024

NOTES (a) Whenever you send a letter or email to the tribunal you must also send a copy to the other parties and note this on the letter or email.

3

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. 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. 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]. 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. 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. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).