Tenant Secures Right to Manage Despite Uncooperative Landlord

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BJ/LOA/2024/0003 Property : 5 [ADDRESS] [POSTCODE] Applicant : [redacted] : [RESPONDENT] Respondent : [redacted] :

Type of [NAME] : [NAME] in relation to the the Right to Manage under s.84(3) of the Commonhold and Leasehold Reform Act 2002 Judge : Judge Shepherd Date of Decision : 7th January 2025

DECISION

1. In this case the Applicant company is seeking to obtain the Right to Manage pursuant to Chapter 1 Commonhold and Leasehold Reform Act 2002 (“The Act”). The Respondent freeholder has played no part in the proceedings. The Applicant has served the Respondent at a number of addresses in the UK and on the British Virgin Islands. This has not prompted a response towards the [NAME] either positively or negatively.

Accordingly, the Applicants have made an [NAME] to the Tribunal for an order that the company is to acquire the right to manage the premises in circumstances where the landlord is not

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traceable. Strictly speaking this [NAME] is not necessary because the Landlord is traceable to the addresses used by the Applicant but has failed to respond.

2. I am satisfied that the Applicant has taken all necessary steps to notify the Respondent of the [NAME]. I am also satisfied that the Applicant has complied with the requirements of section 78-80 of the Act in that a notice inviting participation was sent pursuant to the requirements in section 78 and a satisfactory claim notice was served in accordance with section 79 and 80 of the Act.

3. Accordingly I determine that on the relevant date ( 13th November 2024) the Applicant was entitled to acquire the Right to Manage the premises.

Judge Shepherd

7th January 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 [NAME] for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The [NAME] should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-[NAME]-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber 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

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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).