The Old Foundry, Roseland, Liskeard, Cornwall, PL14 3PQ CHI/00HE/LVM/2024/0004-THE-OLD-FOUNDRY-ROSELAND-LISKEARD-CORNWALL-PL14-3PQ
DECISION
[30]The Tribunal adjourned upon conclusion of the hearing and then after deliberation orally gave its decision with written reasons to follow.[31]The application before it was to vary the management order to remove Mr Gerrard and appoint a manager in his stead.[32]All parties present are agreed the Property needs a manager but that Mr Gerrard should be released. This includes Mr Gerrard.[33]We record that Mr Gerrard has made substantial strides to bring the Property back to order despite the difficulties he has faced. We thank him for his works to date.[34]We remain satisfied that it is just and convenient for a manager to be appointed. Whilst it seems Mr Mottram has some interest in the freehold the other joint owners whereabouts cannot be ascertained. Further it was apparent to this Tribunal that if the leaseholders are left to their own devices this will not work in our judgment.[35]However no one wants Mr Gerrard to continue including Mr Gerrard. Whilst that of itself may not be sufficient in all cases we are conscious here we have 3 flats only. Mr Gerrard’s fees are modest and we commend the action he has taken. More works are required, all agree. Some degree of co-operation with leaseholders is required.[36]Taking account of all matters including everything within the bundle and the oral submissions made at the Tribunal we find Mr Gerrard should be released as the Tribunal appointed manager on 30th September 2024. We provide directions below.[37]We do not dismiss the application but adjourn on the basis of the directions below. We remind all leaseholders if a manager is appointed then it will be for them to manage the Property. It will be for them to determine what works are undertaken and when, and to choose the contractor to do such works (subject to any right of nomination of contractors).[38]Equally it is not reasonable to expect works external to flat 3 to only be undertaken after 2pm on any day. Whilst we have sympathy with the health needs of Mr and Mrs Mottram, and acknowledge the medical report she handed to us at the hearing, works need to be undertaken to the Property as a whole. It is in our judgment to expect works to be undertaken between 8am and 6pm Monday to Friday.[39]The parties are reminded anyone individually or as a group can nominate a manager. If no manager is nominated the application shall be dismissed and the current order will come to an end. We urge all leaseholders to take advice. Directions[40]The Manager Mr Donald Ian Gerrard shall be released as at 30th September 2024. He shall prepare final accounts and a bundle of relevant documents including surveys, FRA and other documents within his possession and shall supply a copy to the Tribunal and each leaseholder electronically as soon as is practicable after 30th September 2024.[41]Mr Gerrard may issue a demand for any funds due and owing to him. If there is any surplus such funds shall be repaid to the persons who paid the same.[42]Any of the leaseholders jointly or severally may by 31st October 2024 nominate a manager to accept the positions as the Tribunal Appointed Manager for the Property in place of Mr Gerrard. Any person nominated must by 31st October 2024 send to the Tribunal and each of the other leaseholders a statement from the nominee covering:• Their full name• Professional qualifications• Exhibiting a copy of their professional indemnity insurance policy which covers them personally• Confirm that they are willing to accept a personal tribunal appointment.• That they have read these directions, the Tribunal Guidance for managers and the leases for the property• Confirm their proposed fees• Provides a copy of their proposed management plan for the building[43]Upon receipt the Tribunal will fix a remote hearing to question the proposed manager.[44]If no nomination is received in accordance with these directions the Tribunal shall dismiss the same without hearing further representations.