Tribunal Appoints New Manager for Property

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference :

LON/AW/LSC/2020/0005 VIDEO REMOTE Property : 9 [ADDRESS] [POSTCODE] Applicant : [redacted] (2) [NAME] [COUNSEL] (Flat C) Representative : [COUNSEL] of [NAME] Respondent : [redacted] (2) [NAME] [COUNSEL] (current tribunal appointed manager)

Representative : [NAME] [COUNSEL] of [NAME] : Appointment of a manager – variation of order Tribunal member : Judge [NAME] A Harris LLM FRICS FCIArb Venue : [ADDRESS], London WC1E VIDEO REMOTE Date of hearing Date of Decision : 29 October 2020 4 December 2020

DECISION

Covid-19 pandemic This has been a remote determination on the papers which has been not objected to by the parties. The form of remote hearing was V: VIDEO REMOTE. A face-to-face hearing was not held because it was not practicable and all issues could be determined in a video hearing. The documents that the tribunal was referred to are in a bundle of 258 pages, the contents of which the tribunal has noted. The order made is described at the end of these reasons.

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The tribunal’s summary decision (1) This decision should be read with LON/00AW/LSC/2020/0126 in which full reasons are given in respect of both applications. ____________________________________________________

Name: Judge Tagliavini

Date: 4 December 2020

LON/AW/LSC/2020/0126 VIDEO REMOTE Property : 9 [ADDRESS] [POSTCODE] Applicant : [redacted] appointed manager) Representative : In person Respondent : [redacted] (2) [NAME] & Mrs [COUNSEL] (3) [NAME] and Mrs [COUNSEL] : In person Type of [NAME] : Liability to pay service charges – s27A(s) Landlord and Tenant Act 1985 Tribunal members : Judge [NAME] A Harris LLM FRICS FCIArb Venue : 10 [ADDRESS] [POSTCODE] VIDEO REMOTE

Date of hearing

Date of Decision :

29 October 2020

4 December 2020

DECISION

Covid-19 pandemic This has been a remote determination on the papers which has been not objected to by the parties. The form of remote hearing was V: VIDEO REMOTE. A face-to-face hearing was not held because it was not practicable and all issues could be determined on paper. The documents that the tribunal was referred to were contained in various documents from the parties including a bundle for hearing from [NAME] [NAME] numbered 1 to 113 and a bundle numbered 1 to 81 from [NAME] in respect of the two applications, the contents of all of which the tribunal has noted. The order made is described at the end of these reasons.

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The tribunal’s summary decisions

LON/00AW/LVM/2020/0005

(1) The tribunal varies the Management Order dated 12 September 2012 as appended to the Consent Order of that date and appoints [NAME] [NAME] [NAME] on the same terms as provided in the document headed Management Order, [NAME] replacing [NAME] [NAME] who was previously appointed the Manager.

(ii) The tribunal varies the Management Order so that [NAME] [NAME] [NAME], [NAME] is appointed the manager of the subject property at [ADDRESS] with effect from 14 days of the date of this Decision for a period of 5 years i.e. until 17 December 2025. LON/AW/LSC/2020/0126

(iii) The tribunal makes no order on this [NAME] except to formally discharge [NAME] [NAME] [NAME] from his appointment as the tribunal appointed Manager of 9 [ADDRESS] [POSTCODE] with effect from 14 days of the date of this Order.

[NAME]/00AW/LVM/2020/0005

1. This is an [NAME] made by [NAME] of a period property converted into four flats two of which are owned by the freeholder and situate at 9 [ADDRESS] [POSTCODE] (‘the Property’). seeking a variation of an order appointing a

manger under section 24(9) of the Landlord and Tenant Act 1987 (‘the 1987 Act’). The applicant seeks the appointment of [NAME] [APPELLANT] [NAME], [NAME] of [COMPANY] to be appointed manager for a period of 5 years in replacement of the current tribunal appointed manager, [NAME] [NAME]

[NAME]/00AW/LSC/2020/0126 2. This is an [NAME] made by the tribunal appointed manager [NAME] [NAME] [NAME] of [COMPANY] (Management) [COMPANY] seeking the tribunal’s approval of his proposals to carry out major works in accordance with a specification drawn up by [NAME]. [NAME] [NAME] appointment expired on 11 September 2020 but by an interim order of the tribunal dated 28 July 2020 his appointment was extended until the determination of these two applications. [NAME] [NAME] did not make a further [NAME] seeking to extend his appointment.

3. The two applications were consolidated by the tribunal in it directions dated 28 July 2020.

Background 4. Due to historic neglect and mismanagement of the Property, [NAME] [NAME] was appointed by the tribunal as the manager for a period of three years expiring on 11 September 2020 in accordance with the Terms of Appointment dated 12 September 2017. This appointment was extended by an interim Order of the tribunal dated 28 July 2020 until the determination of these two applications.

[NAME] case 5. The lessee’s provided the tribunal with a Statement of Case dated 27 October 2020 in respect of both applications. This statement set out the reasons for objecting to [NAME] [NAME] proposal for major works and their [NAME] for the appointment of [NAME] [NAME] in place of [NAME] [NAME].

6. [NAME] asserted that [NAME] [NAME] has been unwilling to engage with them in respect of the major works identified as being required at the Property and their cost. Consequently, confidence in his ability to continue as the manager of the Property has been called into question. [NAME] asserted that they had obtained a much cheaper quote for the works than obtained by [NAME] [NAME] and wished this to be implemented. [NAME] [NAME] however, refused to comply with this request as the contractor put forward by [NAME] had not been approved by [NAME] [NAME] surveyor.

7. The applicants indicated the need for a tribunal appointed manager to continue in situ due to the past long history of mismanagement and neglect of the Property and the absence of uniform agreement among [NAME] as to management of the Property and the need to carry out major works required to the rear elevation

[NAME] [NAME] case

8. In a signed but undated Statement of Case, [NAME] [NAME] informed the tribunal that he intended to have repaired and redecorated the rear elevation of the Property and to this effect had commissioned [NAME] and [NAME] to draw up a specification of works with a provisional start date of 1 March 2021.

9. Objections to the works and their costs was raised by two [NAME] and the proposed works to be carried out by [NAME[NAME] at a cost of £45,931. [NAME] [NAME] informed the tribunal that unless the tribunal approved these works he was no longer willing to continue as the tribunal appointed manager as he believed he would no longer have any credibility with the majority of [NAME].

10. In addition, the tribunal was also provided with a copy of the [NAME] and [NAME] report and the tender documents.

The hearing 11. An oral hearing was held by way of video of the two consolidated applications. The tribunal heard the oral evidence of [NAME] [NAME] and [NAME] in support of the [NAME] for works and [NAME] [NAME], [NAME] [NAME] and [NAME] [NAME] in support of the [NAME] for a variation of the appointment of manager Order.

12. Miss [NAME] spoke in favour of [NAME] [NAME] continued appointment although she had not submitted a written statement to the tribunal. [NAME] told the tribunal that [NAME] [NAME] had done a ‘good job’ and she would like him to continue in his post as the tribunal appointed manager.

13. [NAME] [NAME] had not been directed to serve a statement detailing his qualifications and experience, he told the tribunal that he had previously been appointed as a manager by the tribunal in respect of several properties. [NAME] [NAME] also told he tribunal that he continued in post as a manager of a number of these properties after his reappointment and had at no time been replaced before his term had expired.

The tribunal’s decision and reasons

14. During the course of the hearing, it quickly became apparent to the tribunal that the relationship between [NAME] [NAME] and two of the three [NAME] had broken down. Having heard from [NAME] [NAME] and explored his qualifications as a manager having previously been appointed by the tribunal in respect of other properties and [NAME] [NAME] unwillingness to continue in post unless his chosen contractor was approved, the tribunal determined it was appropriate to grant [NAME]’ [NAME] for a variation of the Order appointing a manager.

15. Having decided this was the most reasonable and appropriate determination the tribunal was no longer required to reach any decision about the works proposed by [NAME] [NAME].

16. Therefore, the tribunal appoints [NAME] [NAME] [NAME], [NAME] as Manager of 9 [ADDRESS] [POSTCODE] with effect from 18 December 2020 for a period of five years i.e. until 17 December 2025 on the same terms of the Management Order made by the Tribunal dated 12 September 2017.

Name: Judge Tagliavini

Date: 2 December 2020

Rights of appeal from the decision of the tribunal 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).