First-tier Tribunal Excludes Chapel from Management Order

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : CAM/00ME/LAM/2025/0008

Property : [ADDRESS] [POSTCODE] Applicant : [redacted] Respondents : [redacted] 2. [COMPANY] of application : Application to vary a Management Order Tribunal members : Judge K. [NAME] [NAME] (Hons) Date of hearing : 4 December 2025 Date of decision : 8 December 2025

DECISION AND REASONS

2 Decisions of the Tribunal

1. The [NAME] of St John The Baptist is excluded from the Property at [ADDRESS] that is the subject of the Management Order dated 28 May 2024.

2. Pursuant to section 24(9) of the Landlord and Tenant Act 1987 the Management Order in respect of the Property dated 28 May 2024, as amended on 9 September 2024, 20 January and 10 September 2025 is further varied with effect from the date of this Order as below: (1) The definition of the “Property” in paragraph 1 is amended by adding the following words to the end of the paragraph:

“but excludes The [NAME] of [ADDRESS] [POSTCODE] (such land being held subject to the terms of a lease agreement dated 1 December 2008 for a term of 999 years from 1 January 2005 and as made between (1) [COMPANY] (2) [COMPANY] and registered at HM Land Registry under title number BK429356).” (2) At the end of paragraph 2, the following words are added: “For the avoidance of doubt, such management does not extend to The [NAME] of [ADDRESS] [POSTCODE] (such land being held subject to the terms of a lease agreement dated 1 December 2008 for a term of 999 years from 1 January 2005 and as made between (1) [COMPANY] (2) [COMPANY] and registered at HM Land Registry under title number BK429356). The responsibilities, obligations and covenants of the parties to the above lease remain unaffected by this Management Order. The Manager holds no management responsibilities in respect of The [NAME] of St John The Baptist.”

REASONS 3. The applicant, [APPELLANT], is the Tribunal appointed manager of the leasehold property at [ADDRESS], [ADDRESS], Windsor. The terms of Ms [NAME] appointment are set out within a Management Order dated 28 May 2024 (as amended).

4. By application dated 12 August 2025, Ms [NAME] requested further variations to the Management Order regarding two material points. Firstly, whether the ambit of the property under management includes the [NAME] of St John the Baptist. Secondly, the ability of the appointed manager to provide certification for the Land Registry for the purposes of restrictions on the registered leasehold titles. The same issue arose in another application made by a leaseholder affected by such a restriction on sale. Given the urgency of this second issue, it has already been addressed through variations to the Management Order made by the Tribunal on 10 September 2025. The issue over the extent of the property remains outstanding.

3 5. This has been a determination on the papers pursuant to rule 31(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013. In arriving at a determination, the Tribunal has had regard to a bundle of some 315 pages, plus index and draft form of varied Order.

6. As currently drafted, the “Property” is defined to mean the flats and other premises known as [ADDRESS] registered at H.M. Land Registry under title number BK388042. It emerges that the registered freehold title not only includes the residential apartments but also the [NAME] of St John the Baptist and the [NAME] of the Forerunner. A company ([COMPANY]) is the registered proprietor of the leasehold interest in the [NAME] of St John the Baptist (“the [NAME]”) under a separate title number.

7. For the avoidance of doubt, Ms [NAME] seeks confirmation as to the extent of the Property for the purposes of her management functions. This follows the Council having served a notice under section 215 of the Town and Country Planning Act 1990 upon the freeholder and leaseholder of the [NAME].

8. The [NAME] is a separate and self-contained building from the converted convent building containing the residential apartments. The Tribunal further notes that the [NAME] is unused, does not contain residential accommodation and has never formed part of the landlord’s management. At all times since [ADDRESS] was converted, the [NAME] has been managed separately to the residential elements.

9. The Management Order was made in relation to the residential development, which are let on long leases. It makes no mention of the [NAME].

10. Pursuant to section 24(3) of the Landlord and Tenant Act 1987, the premises in respect of which a management order is made can be either more or less extensive than those specified in the application on which the order is made. Under section 24(4), a management order may make provision for such matters as the Tribunal thinks fit. Section 24(9) permits the Tribunal to vary a management order. This is subject to section 24(9A) which prohibits the variation of an order upon an application of any relevant person unless the tribunal is satisfied that (a) the variation will not result in a recurrence of the circumstances which led to the order being made, and (b) that it is just and convenient in all the circumstances of the case to vary the order.

11. The Tribunal has no difficulty in the circumstances in confirming that the [NAME] does not form part of the Property managed by Ms [NAME]. We find it just and convenient, for the avoidance of any doubt, to vary the Order to explicitly exclude the [NAME] from the terms of the Order. In doing so, we are satisfied that such variation will not result in the recurrence of the circumstances which led to the Order being made.

12. It is noted that the draft form of varied Management Order contains additional green text to paragraph 8(1) allowing the Manager to demand

4 a further payment of £800 to meet the costs of utility supply. This has not been included in the latest variation to the Order given that no such variation was requested, or justification provided, in the application. A fresh application would be needed before the Tribunal can give consideration to any such variation.

Name: Judge K. [NAME]: 8 December 2025

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 application for permission must be made to the First- tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28 day time limit, such application 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 application for permission to appeal to proceed, despite not being within the time limit. The application 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 making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).