Crag Head LimitedApplicant96 LeaseholdersRespondent
Before
D Banfield FRICSMrs A Clist ARICSMs T WongSteele Raymond LLP ref. no 110604.0002/RJS for the ApplicantDate 4 January 2023Property: Crag Head, 77 Manor Road, Bournemouth, Dorset, BH1 3JEType of application: Section 37 Landlord & Tenant Act 1987 - to vary two or more leases by a majority
DECISION
[1]The Applicant seeks to vary the long leases of 96 Flats by enabling the landlord to recover through the service charge the costs of repair maintenance and replacement of the structural parts, exterior, roof and foundations of the building, the gardens, communal facilities and amenities and all other works the landlord considers appropriate or necessary for the maintenance and management of the property. The Applicant states that it has the requisite majority of leaseholders supporting the proposed variation pursuant to section 37(5)(b) of the 1987 Act: 82.4 per cent of leaseholders’ consent to it whilst 1.9 per cent of leaseholders’ object to it.[2]Under section 37 of the Landlord and Tenant Act 1987 the Tribunal can be asked to approve a lease variation if, where there are more than 8 leases, it is not opposed by more than 10% of the parties concerned, and at least 75% agree. The landlord also has a vote. So it is said that in this case 82.6% of the concerned parties have voted in favour (more than 75%) and less than 10% have voted against the change.[3]The Tribunal made Directions on 7 November 2022 requiring the Applicant to send copies to the Respondent Lessees and setting the hearing date as 15 December 2022.[4]The directions also invited the Respondents to send any objection to the proposals to the Tribunal and Applicant. Objections were received from the Lessees of Flats 1 and 47. The Law[5]Section 37 of the Act states:(1) Subject to the following provisions of this section, an application may be made to [a leasehold valuation tribunal] in respect of two or more leases for an order varying each of those leases in such manner as is specified in the application.(2) Those leases must be long leases of flats under which the landlord is the same person, but they need not be leases of flats, which are in the same building, nor leases, which are drafted, in identical terms.(3) The grounds on which an application may be made under this section are that the object to be achieved by the variation cannot be satisfactorily achieved unless all leases are varied to the same effect.(4) An application under this section in respect of any leases may be made by the landlord of any of the tenants under the leases.(5) Any such application may only be made if- (a) in a case where the application is in respect of less than nine leases, all or all but one, of the parties concerned consent to it; or (b) in a case where the application is in respect of more than eight leases, it is not opposed for any reason by more than 10 per cent of the total number of the parties concerned and at least 75 per cent of that number consent to it.(6) For the purposes of subsection (5)- (a) in the case of each lease in respect of which the application is made, the tenant under the lease shall constitute one of the parties concerned (so that in determining the total number of the parties concerned a person who is the tenant under a number of such leases shall be regarded as constituting a corresponding number of the parties concerned); and (b) the landlord shall also constitute one of the parties concerned. Section 38 provides that: (3) If on an application under section 37, the grounds set out in subsection (3) of that section are established to the satisfaction of the [tribunal] with respect to the leases specified in the application the tribunal may subject to subsection (6) and(7) make an order varying each of the leases in such manner as its specified in the order. Section 38 provides; (6) A tribunal shall not make an order under this section effecting any variation of a lease if it appears to the tribunal – (a) that any variation would be likely to substantially to prejudice- (i) any respondent to the application, or (ii) any person who is not a party to the application and that an award under subsection (10) would not afford him adequate compensation, or (b) that for any other reason it would not be reasonable in the circumstances for the variation to be effected Evidence[6]The bundle submitted by the Applicant contained a copy of the pro-forma, covering letter and FAQ’s sent to the leaseholders [218] and the responses received [228].[7]The response from the Lessee of Flat 1 simply states that the application is opposed and that received from Flat 47 indicates that he votes against the proposed variations without giving reasons for so doing.[8]However, a letter from the lessee of Flat 47 to Foxes Property Management dated 22 February 2022 [231] raised various concerns that may be summarised as;• The Directors would be given carte-blanche to make whatever improvements they see fit rather than remedying specific faults.• There should be some mechanism enabling lessees to provide their agreement before such work is undertaken.• There have been examples of wasteful and illogical expenditure such as the provision of CCTV.• The cost of updating the lease with the Land Registry seems excessive.[9]The Applicant responded by letter on 5 March 2022 [233].[10]The Applicant’s Statement of Case [322] explains that the property comprises a purpose built block with 96 flats, extensive gardens, car parking, underground garaging and a swimming pool. The Applicant is a lessee owned company incorporated to acquire the freehold on 24 June 2004.[11]The application arises due to a need to carry out works to the brickwork where under the leases as drafted no party is liable to carry out the works and there is no mechanism to recover the cost incurred through the service charge.[12]It is considered that the service charge provisions are generally deficient, and the proposed variations seek to comprehensively bring them up to date.[13]The majority of leases are for 999 years and were granted following the Applicant’s acquisition of the freehold. Flats 6,12 and 45 are the remaining 99 year leases in their original form. The service charge provisions are similar in both;• By the second schedule the main structural and external parts of the Block are part of the property reserved to the lessor, together with the gardens, swimming pool, lifts etc• By paragraph 21 of the sixth schedule the lessee is obliged to pay the service charge• The costs to which the lessee is obliged to contribute as part of the service charge are set out in the seventh schedule.[14]The Applicant’s responsibilities are limited by Paragraph 6 of the seventh schedule to “keep the halls stairs landings and passages forming part of the Reserved Property properly furnished carpeted cleaned and in good order and shall keep adequately lighted all such parts of the Reserved Property as are normally lighted or should be lighted and shall use its reasonable endeavours to keep in working order the lifts forming part of the Reserved Property”[15]The Leases do not contain any comprehensive provision requiring the Applicant to keep all of the reserved property in repair such as the external parts of the building or to recover the costs. There are also no obligations in respect of utilities, security, refuse areas, landscaping and the upkeep of the swimming pool.[16]The proposed variations [170] and [173] provide for a comprehensive regime of repair, maintenance and good estate management in respect of the common areas of the Block and curtilage including services in return for the payment of a service charge.[17]The variations sought would regularise the previously informal arrangements and through decisions taken at AGMs, to allow the Applicant to implement the urgent major works projects, and to ensure that future works and services that the Applicant may reasonably wish to carry out are provided for within the service charge regime without the costs involved in further Tribunal applications.[18]The objective cannot be achieved without variation because;• The services are for the benefit of all lessees ensuring their properties are maintained and investment secure• The Applicant is a lessee owned company unable to raise funds except through the service charge• The 96 leases provide for 100% of service charges• Unless all leases are varied the Applicant will have to rely on individual agreements which may not allow 100% recovery potentially leading to insolvency[19]79 of 96 flats agreed to the proposed variations, 2 objected and 15 did not respond. This meets the statutory tests.[20]No objections were received by 5 December 2022 as required in Directions. However, in answer to the concerns raised by Mr Barraclough (Flat 47);• Statute requires service charges to be reasonable, reasonably incurred and be directed to services and works of a reasonable standard in order to be recoverable• Statutory consultation will be required with large expenditure• Accordingly it is unlikely that lessees will have to contribute to “wasteful and illogical” costs• The lessees are all members of the Applicant and able to make their views known at the AGM• The Directors owe a duty under Company Law to their shareholders(the lessees)• A great deal of the work is already being done and service charges recovered, albeit on an informal basis• The CCTV was installed as a deterrent against criminal activity after two incidents of violent crime in the vicinity and has proved useful in dealing with intruders[21]The Respondents will suffer little prejudice as;• The lessees have been contributing on an informal basis for many years• Before costs of major works are recoverable there will be a statutory consultation process• There is already a reserve of £480,000 in place to meet part of the brickwork costs• The service charge is the lowest in the area[22]Any prejudice will be outweighed by;• Ensuring the Applicant remains solvent• Having a modern lease under which the freeholder is responsible for maintaining the retained parts and is more likely to be compliant with lenders’ requirements• An enforceable direct covenant requiring the freeholder to carry out a wide range of obligations• Having a well run and maintained development[23]In the witness statement of Paul Quantick [236] it is explained that 99 year leases were granted in 2004 and following the purchase by the lessees of the freehold 999 year leases were offered. All lessees took up the offer except flats 6,12 and 45. The repairing and service charge terms contained in the original lease were replicated in the new lease.[24]A number of works have been identified as being required at some time in the future in order the implementation of which would be assisted by the variation requested. The Hearing[25]The hearing was attended by Katie Gray of Counsel, David Crockford her instructing Solicitor, Paul Quantick, Phil & Davina Kerstein and Andrew Bagshaw of the Applicants.[26]The Tribunal indicated that it had read the bundle and asked Ms Gray to highlight those areas she wished to emphasise.[27]We were taken through the requirements of sections 37 and 38 of the Landlord and Tenant Act 1987 which Ms Gray said were satisfied.[28]Ms Gray referred to the contents of the Statement of Case and Mr Quantick’s witness statement and in answer to a question from the Tribunal said that some but not all of the works referred to by Mr Quantick were outstanding and needed to be addressed.[29]The Tribunal referred to the drafting of the proposed variations indicating that whilst they were said to be identical there were differences such as at (xv)[30]Ms Gray proposed that her instructing Solicitor examined the drafts and provide copies, amended where necessary by 22 December 2022.[31]The amended drafts were received on 22 December 2022 and are referred to below. Decision[32]The Tribunal is satisfied that the Applicant’s object in seeking the lease variation cannot be met unless all subject leases are varied to the same effect, the requirements of section 37 are satisfied and none of the reasons for not granting an order as set out in section 38 applies.[33]The Tribunal therefore makes the following Order as requested. IT IS ORDERED THAT: 1. Upon the Applicant’s application for an order under section 37 of the Landlord and Tenant Act 1987 varying the 96 leases listed in the schedule annexed to this Order at Annexe 1 2. And upon the Tribunal being satisfied in respect of all 96 leases that;a. The object to be achieved by the proposed variations cannot be satisfactorily achieved unless all the leases listed in the schedule annexed to this Order at Annexe 1 are varied to the same effectb. The application is made in respect of more than 8 leases, is not opposed for any reason by more than 10 per cent of the total number of the parties concerned and at least 75 per cent of that number consent to it.c. The variations proposed by the Applicant would not be likely substantially to prejudice any respondent to the application, or any person who is not a party to the application.d. It would be reasonable in the circumstances for the variation to be effected. 3. The leases listed in the schedule annexed to this Order at Annexe 1 do be varied in the manner set out in the documents at Annexe 2 of this Order, such variations to be effective from the date of this Order. 4. The Applicant shall be responsible for making applications to the Land Registry to note the decision against the Freehold Titles and the Leasehold Titles of the properties as aforesaid. CHI/00HN/LVT/2022/0001 Annexe 1 Flat Number Postcode Date of Lease Original Tenant Original Landlord Term of Lease Title Leaseholder's Forename Leaseholder's Surname Title Number 1 Flat 1 Crag Head BH1 3JE 16 January 2006 Nicholas Edward Mears and Jane Elizabeth Mears Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Rosaline Deborah Caesar- Scammell DT337459 2 Flat 2 Crag Head BH1 3JE 15 December 2004 Michelle Silverman Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Michelle Silverman DT327895 3 Flat 3 Crag Head BH1 3JE 15 December 2004 James Craig and Mary Eileen Craig Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Gila Sanger DT326401 4 Flat 4 Crag Head BH1 3JE 15 December 2004 Joanna Irma Bryk Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Joanna Irma Bryk DT326473 5 Flat 5 Crag Head BH1 3JE 11 February 2005 Isaac Kashi Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Tracy Zehava Kashi DT327858 Mr Christopher Matthew Hardy DT327858 6 Flat 6 Crag Head BH1 3JE 11 July 1974 Emanuel Stern and Lucie Stern Crag Head Limited (Company Registration No. 4472677) 98 years from 11 July 1974 Ms Lynn Murray Bolland DT199891 7 Flat 7 Crag Head BH1 3JE 11 February 2005 Catherine Gale Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Simon John Speller DT328368 Mr Daniel William Speller DT328368 Mr Geoffrey John Speller DT328369 8 Flat 8 Crag Head BH1 3JE 25 April 2005 Charles Buchanan Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Dianne Elizabeth Buchanan DT329319 9 Flat 9 Crag Head BH1 3JE 23 February 2005 Mark Faith and Karen Mena Faith Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Mark Faith DT327831 Ms Karen Mena Faith DT327831 10 Flat 10 Crag Head BH1 3JE 24 July 2014 Jupiter Property Company Limited Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr James William Woods DT409596 11 Flat 11 Crag Head BH1 3JE 15 December 2004 Eric Gold and Olga Gold Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Frances Sinai DT326801 Ms Mati Sinai DT326801 12 Flat 12 Crag Head BH1 3JE 19 July 1974 Joseph Colin Crag Head Limited (Company Registration No. 4472677) 98 years from 17 July 1974 Mr e rbert Edward Jam Solly DT104020 13 Flat 13 Crag Head BH1 3JE 15 December 2004 Phyllis May Dunkley Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 PMD Estates Limited DT327033 14 Flat 14 Crag Head BH1 3JE 11 February 2005 Jennifer Rosalind Vernon Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Jennifer Rosalind Vernon DT327509 15 Flat 15 Crag Head BH1 3JE 15 December 2004 Vivian Phillips and Maureen Phillips Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Maureen Phillips DT326210 Ms Vivian Phillips DT326210 16 Flat 16 Crag Head BH1 3JE 15 December 2004 Raymond Donald Turley Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Elif Fidan DT326861 17 Flat 17 Crag Head BH1 3JE 25 April 2005 Denis Slade also known as Dennis Slade Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Denis Slade DT329855 18 Flat 18 Crag Head BH1 3JE 15 December 2004 Irene Anna Bluston Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Irene Anna Bluston DT327134 19 Flat 19 Crag Head BH1 3JE 11 February 2005 Simon John Aries and Paul Arthur Aries Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Billie Ilana Mazel DT328339 20 Flat 20 Crag Head BH1 3JE 15 December 2004 Bernard Powell Jones and Catherine Mary Elizabeth Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr David James Kunzi DT326318 21 Flat 21 Crag Head BH1 3JE 11 February 2005 John Rodney Murrell Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Paul John Murrell DT327524 Ms Gemma Louise Murrell DT327524 22 Flat 22 Crag Head BH1 3JE 15 December 2004 Sheila Elizabeth Gordon and others Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Oliver James Gordon DT326469 Mr Sheila Elizabeth Gordon DT326469 Mr Timothy Gordon DT326469 Mr Maurice Gordon DT326469 Mr Trevor John Sutton DT329083 23 Flat 23 Crag Head BH1 3JE 11 February 2005 Margaret Leigh Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Andrew James Sutton DT329083 Ms Emma Jane King DT329083 24 Flat 24 Crag Head BH1 3JE 11 February 2005 Margaret Leigh Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 C B I Developments LLP DT329082 25 Flat 25 Crag Head BH1 3JF 15 December 2004 Jakob Sternlicht and Judith Sternlicht Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr DECEASED Jakob DECEASED - Sternlicht DT326898 Ms Judith Sternlicht DT326898 26 Flat 26 Crag Head BH1 3JF 25 April 2005 Wendy Dorothy Godwin, Helen Louise Shore and Philip Robert Godwin Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Philip Robert Godwin DT330770 Ms Wendy Dorothy Godwin DT330770 Ms Helen Shore DT330770 27 Flat 27 Crag Head BH1 3JF 11 February 2005 Patricia Irene Blackman Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Ettie Coco Douthwaite DT327522 29 Flat 29 Crag Head BH1 3JF 29 March 2005 Elias Kahan and Kathe Kahan Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Mordechai Chuni Kahan DT328657 Ms Gita Kahan DT328657 30 Flat 30 Crag Head BH1 3JF 11 February 2005 Walbrook Properties Limited Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Craig Andrew Slagel DT327901 31 Flat 31 Crag Head BH1 3JF 11 February 2005 Ivor Simon Joseph Wolfson and others Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Ivor Simon Joseph Wolfson DT331766 Ms Anna Wolfson DT331766 Mr Zvi Wolfson DT331766 32 Flat 32 Crag Head BH1 3JF 11 February 2005 Emmanuel Carter and others Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Louise Emma Duerr DT327752 33 Flat 33 Crag Head BH1 3JF 25 April 2005 Henri Konig and Rachel Konig Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Henri Konig DT329115 Ms Rachel Konig DT329115[34]Flat 34 Crag Head BH1 3JF 11 February 2005 Paul Leon Slagel Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Paul Leon Slagel DT327911[35]Flat 35 Crag Head BH1 3JF 14 March 2005 Phyllis May Dix Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Albert James Allen DT328485 Ms Susan Dorothy Allen DT328485[36]Flat 36 Crag Head BH1 3JF 22 June 2005 Leslie Henry Jaffa Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Leslie Henry Jaffa DT331709[37]Flat 37 Crag Head BH1 3JF 11 February 2005 Ruth Berger Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Ruth Berger DT327513[38]Flat 38 Crag Head BH1 3JF 15 December 2004 London and District Investments Limited Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 London and District Investments Limited (Co. Regn. No. 740555) DT326972[39]Flat 39 Crag Head BH1 3JF 11 February 2005 Stephanie Andrea Ferster and Debbie Primost Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Stephanie Andrea Ferster DT328704 Ms Debbie Primost DT328704[40]Flat 40 Crag Head BH1 3JF 11 February 2005 Daniel Kaufman and Michael Aaron Kaufman Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Philip Robert Godwin DT329272 Ms Wendy Dorothy Godwin DT329272[41]Flat 41 Crag Head BH1 3JF 29 March 2005 Alan Milton Geller and Freda Geller Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Alexandra Simone Phillips DT328945[42]Flat 42 Crag Head BH1 3JF 14 March 2005 Rica Gothold Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Rica Gothold DT333289[43]Flat 43 Crag Head BH1 3JF 15 December 2004 Renate Altmann Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Renate Altmann DT325914[44]Flat 44 Crag Head BH1 3JF 15 December 2004 Stacia Davies Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Rica Gothold DT326964 Ms Judith Kaufman DT326964 Ms Yael Halberstadt DT326964[45]Flat 45 Crag Head BH1 3JF 23 July 1974 Anne Randolph Crag Head Limited (Company Registration No. 4472677) 98 years from 23 July 1974 Taurusbuild Limited (Co. Regn. No. 1721596) DT288519[46]Flat 46 Crag Head BH1 3JF 25 April 2005 Hazel Almond Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Elliot Pine DT329588[47]Flat 47 Crag Head BH1 3JF 15 December 2004 Mark Goldfinger and Silvia Marion Goldfinger Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Richard Edmund Barraclough DT327474[48]Flat 48 Crag Head BH1 3JF 15 December 2004 Leonard Percy Green and Eileen Elizabeth Green Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Nicholas Charles Browne DT326171 Ms Kay Susan Browne DT326171[49]Flat 49 Crag Head BH1 3JF 25 February 2005 Norman Joels Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Salvador Isidoro Mazliah DT327898 Ms Barbara Anne Mazliah DT327898[50]Flat 50 Crag Head BH1 3JF 29 March 2005 Iris Gibbor Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Davina Marilyn Kerstein DT328278 Ms Amanda Imogen Kerstein DT328278 Ms Jennifer Lara Kerstein DT328278 Mr Philip Leslie Kerstein DT328278[51]Flat 51 Crag Head BH1 3JF 25 February 2005 Norman Joels and Myriam Dorothee Joels Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Norman Joels DT327906 Ms Myriam Dorothee Joels DT327907[52]Flat 52 Crag Head BH1 3JF 11 February 2005 Bealsmill Limited Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Barry Saul Karmel DT452866 Ms Michelle Davis DT452866 Mr Barry Saul Karmel DT452866 Ms Michelle Davis DT452866[53]Flat 53 Crag Head BH1 3JF 15 December 2004 Valerie Ruth Shapiro Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Valerie Ruth Shapiro DT326228[54]Flat 54 Crag Head BH1 3JF 11 February 2005 Marion Janner Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Peter Alexander Nowicki DT338503 Ms Velma Nowicki DT338503[55]Flat 55 Crag Head BH1 3JF 15 December 2004 Shirley Ann Alford Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Shirley Ann Alford DT325886[56]Flat 56 Crag Head BH1 3JF 15 December 2004 Malcolm Rabin and Susan Jane Rabin Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Malcolm Rabin DT326304 Ms Susan Jane Rabin DT326304[57]Flat 57 Crag Head BH1 3JF 15 December 2004 Brian Perry Levy and Frances Levy Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Joan Elizabeth Berry DT327046 Mr DECEASED John Berry DT327046[58]Flat 58 Crag Head BH1 3JF 15 December 2004 Frances Jay Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Marilyn Rochelle Jackson DT326625[59]Flat 59 Crag Head BH1 3JF 29 March 2005 Brenda Sarah Mordecai Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Brenda Sarah Mordecai DT330166[60]Flat 60 Crag Head BH1 3JF 15 December 2004 Anita Irene Stonehouse Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Anita Irene Stonehouse DT325833[61]Flat 61 Crag Head BH1 3JF 11 February 2005 Paul Frederick Quantick and Linda Christine Quantick Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Paul Frederick Quantick DT327487 Ms Linda Christine Quantick DT327487[62]Flat 62 Crag Head BH1 3JF 15 December 2004 John Muir Turgel and Adrienne Turgel Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Vivian Phillips DT327161 Ms Maureen Phillips DT327161[63]Flat 63 Crag Head BH1 3JF 25 February 2005 Jackson Vincent Woolf and Susan Woolf Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 APDP Limited DT328110[64]Flat 64 Crag Head BH1 3JF 15 December 2004 Sybil Clumpus, Michael Myer Cole and Jane Angela Lazare Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Allan Lindsay Wood DT327028 Mr Graham Harvey Craig DT327028[65]Flat 65 Crag Head BH1 3JF 15 December 2004 Martin Tobias and Barbara Fay Tobias Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Martin Tobias DT326648 Ms Barbara Fay Tobias DT326648[66]Flat 66 Crag Head BH1 3JF 15 December 2004 Stephen Donald Lopes- Dias, Judith Serena Lopes-Dias, Martyn Richard Lopes-Dias and Susan Lopes-Dias Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Stephen Donald Lopes-Dias DT327677 Ms Judith Serena Lopes-Dias DT327677 Mr Martyn Richard Lopes-Dias DT327677 Ms Susan Lopes-Dias DT327677[67]Flat 67 Crag Head BH1 3JF 29 March 2005 Stuart Charles Elder Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Stuart Charles Elder DT329854[68]Flat 68 Crag Head BH1 3JF 25 April 2005 Jacqueline MordecaiSmith Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Sean McGoogan DT330165 Ms Lynn McGoogan DT330165[69]Flat 69 Crag Head BH1 3JF 15 December 2004 Stuart Conway and Lila Conway Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Keith Andrew Russell DT326938[70]Flat 70 Crag Head BH1 3JF 11 Febuary 2005 Ruth Sandra gosschalk and Joseph Bernard Gosschalk Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Ruth Sandra Gosschalk DT327905[71]Flat 71 Crag Head BH1 3JF 15 December 2004 Palle Kolbe Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Kirsten Sofie Kolbe Shea DT326364[72]Flat 72 Crag Head BH1 3JF 25 February 2005 Helen Davis Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Richard Davis DT328014 Ms Bonita Davis DT328014[73]Flat 73 Crag Head BH1 3JG 25 April 2005 Edith Kingsley Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Sylvia Pell DT332494[74]Flat 74 Crag Head BH1 3JG 15 December 2004 Zena Selwyne Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Victor Graham Selwyn DT326284 Ms Maureen Jill Selwyn DT326284 Mr Martin Derek Selwyn DT326284 Ms Francine Dehlia Selwyn DT326284[75]Flat 75 Crag Head BH1 3JG 15 December 2004 Joycelyn Mills, Jocelyn Swinn and Ann Rhodes Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Joycelyn Mills DT326907 Ms Joycelyn Swinn DT326907 Ms Ann Rhodes DT326907[76]Flat 76 Crag Head BH1 3JG 08 October 2013 Barry Newgrosh and Alec Carl Stewart Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Maria Isabella Pereira DT403685[77]Flat 77 Crag Head BH1 3JG 15 December 2004 Henry Leonard Goodwin and Roby Blodwin Doreen Goodwin Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Dilniy Limited DT326283[78]Flat 78 Crag Head BH1 3JG 15 December 2004 Royston Allan Frederick Smith and Glenys Margaret Pathena Smith Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Shuang Liang DT326316[79]Flat 79 Crag Head BH1 3JG 15 December 2004 Allan Citron and Sara Jeanette Citron Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr David Hersh DT326437 Ms Tova Hersh DT326437[80]Flat 80 Crag Head BH1 3JG 25 February 2005 Elizabeth Rachel Morris and Glenn Stokes Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Nicole Simone Woolf DT328471[81]Flat 81 Crag Head BH1 3JG 15 December 2004 Barry Cook Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Barry Cook DT325912[82]Flat 82 Crag Head BH1 3JG 15 December 2005 Graham Roderick Lindsey and Mary Joanne Lindsey Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Mary Joanne Lindsey DT326356[83]Flat 83 Crag Head BH1 3JG 29 March 2005 Alexis Griller and Andrea Jocelyn Michaels Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Steven David Morant DT330231[84]Flat 84 Crag Head BH1 3JG 29 March 2005 John Leslie Green and Jane Green Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Christopher Edward John Green DT331670 Mr Nicholas Eliot Green DT331670[85]Flat 85 Crag Head BH1 3JG 29 March 2005 Paul Gary Solomans and Cyril Cohen Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr DECEASED Michael John DECEASED Hebron DT336565 85 Flat 85 Crag Head BH1 3JG 29 March 2005 Paul Gary Solomans and Cyril Cohen Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Monica Maria Hebron DT336565[86]Flat 86 Crag Head BH1 3JG 15 December 2004 Donald Alfred Wratten and Elizabeth Eileen Wratten Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Jolly Parson Limited DT326178[87]Flat 87 Crag Head BH1 3JG 14 March 2005 John Hammond Craig Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Heetan Navin Thaker DT328425[88]Flat 88 Crag Head BH1 3JG 11 February 2005 Robin Margaret Anson-Owen and Pauline Laura Illsley Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Coll Michaels DT329084 Ms Andrea Jocelyn Michaels DT329084[89]Flat 89 Crag Head BH1 3JG 15 December 2004 Leonard Richard Dobson and Pauline Janet Dobson Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Leonard Richard Dobson DT327045 Ms Pauline Janet Dobson DT327045[90]Flat 90 Crag Head BH1 3JG 29 March 2005 Ze'ev Ziv and Froma Hazel Ziv Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Ze'ev Ziv DT328946 Ms Froma Hazel Ziv DT328946[91]Flat 91 Crag Head BH1 3JG 11 February 2005 Helen Joyce Seidler Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr John Paul Street DT327622[92]Flat 92 Crag Head BH1 3JG 15 December 2004 Thomas Keith Norledge Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Thomas Keith Norledge DT326934[93]Flat 93 Crag Head BH1 3JG 05 October 2018 Nowpod Property Limited Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Nowpod Property Limited DT442492[94]Flat 94 Crag Head BH1 3JG 11 Febuary 2005 Witold Alexander Jason and Alma Doreen Jason Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Ms Lucia Helena Bonini DT327899[95]Flat 95 Crag Head BH1 3JG 15 December 2004 Max Lopes Dias Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Max Lopes Dias DT326352[96]Flag 96 Crag Head BH1 3JG 15 December 2004 Douglas Fenton Limited Crag Head Limited (Company Registration No. 4472677) 999 Years from 24 June 2004 Mr Marc James Neilon DT326953 Ms Nicola Jane Neilon DT326953 Annexe 2 Variations to the Lease for Crag Head, 77 Manor Road, Bournemouth with the exception of flats 6, 12 and 45. Replacement of existing clauses[1]The figure "(7)" contained in line four of paragraph 21 of the Sixth Schedule shall be deleted and replaced with the figure "(6)"[2]Paragraph 6 of the Seventh Schedule of the Lease shall be deleted and replaced by the following: "The Lessor shall provide the Services as follows:(i) the supply and removal of electricity, water, sewage and other utilities to and from the Estate;(ii) providing maintaining and replacing where necessary such television, internet and other media supplies to the Estate as the Lessor reasonably considers necessary;(iii) complying with the recommendations and requirements of the insurers of the Estate (insofar as those recommendations and requirements relate to the Reserved Property);(iv) complying with all laws including local, environmental and conservation regulations relating to the Reserved Property, their use and any works carried out at them, and relating to any materials kept at or disposed of from the parts of the Reserved Property which are used in common by the Owners and occupiers of any two or more of the Flats;(v) complying with all rights, covenants and restrictions that may from time to time affect the Estate;(vi) taking any steps (including proceedings) that the Lessor considers necessary to prevent or remove any encroachment over the Reserved Property or to prevent the acquisition of any right over the Reserved Property (or the Building as a whole) or to remove any obstruction to the flow of light or air to the Reserved Property (or the Building as a whole) as local regulations will allow;(vii) employing managing agents for carrying out and provision of the Services;(viii) administering and managing the Reserved Property and general supervision thereof including Directors and Officers Insurance Public Liability Insurance and Employer Liability Insurance and any other insurance from time to time deemed appropriate by the Lessor;(ix) cleaning, maintaining, decorating, repairing, improving, reconstructing, replacing and remedying the Reserved Property and remedying any inherent defect, including but not exclusively the brickwork, the balconies, their floor coverings, the balustrades, the caretaker's building and facilities and all roofs of the Reserved Property;(x) providing heating to the internal ground floor areas of the Reserved Property which are used in common by the Owners and occupiers of any two or more flats during such periods of the year as the Lessor reasonably considers appropriate and cleaning, maintaining, repairing, improving, reconstructing and replacing the heating machinery and equipment and remedying any inherent defect;(xi) lighting the areas of the Reserved Property which are used in common by the Owners and occupiers of any two or more of the Flats to include also the underground garages forming part of the Estate and as are normally lighted or should be lighted and cleaning, maintaining, repairing, improving, reconstructing and replacing lighting machinery and equipment and remedying any inherent defect;(xii) cleaning, maintaining, repairing and replacing the furniture, fittings and equipment in both the internal and external areas of the Reserved Property which are used in common by the Owners and occupiers of any two or more of the Flats;(xiii) cleaning, maintaining, repairing, improving, reconstructing and replacing the lifts and the lift shafts including roof housing lifts and lift machinery and equipment on the Reserved Property and remedying any inherent defects;(xiv) cleaning, maintaining, repairing, improving, reconstructing and replacing the communal water supply system and equipment on the Reserved Property and remedying any inherent defects;(xv) cleaning, maintaining, repairing, improving, reconstructing, operating and replacing security machinery and equipment (including closed circuit television), fire prevention evacuation and fighting machinery and equipment and fire alarms on the Reserved Property and remedying any inherent defects; (xvi) cleaning, maintaining, repairing, improving, reconstructing and replacing refuse bins on the parts of the Reserved Property which are used in common by the Owners and occupiers of any two or more of the Flats; (xvii) cleaning and maintaining the glass of the buildings forming part of the Reserved Property used in common by the Owners and occupiers of any two or more of the Flats; (xviii) cleaning, maintaining, repairing, improving, reconstructing and replacing signage for the parts of the Reserved Property which are used in common by the Owners and occupiers of any two or more of the Flats; (xix) maintaining and carrying out any other works to the garden and any landscaped and grassed areas of the Reserved Property; (xx) cleaning, maintaining, repairing, improving, reconstructing and replacing the floor coverings in the internal areas of the Reserved Property; (xxi) cleaning, maintaining, repairing, improving, reconstructing and replacing the swimming pool and related buildings machinery and equipment on the Reserved Property and remedying any inherent defects and providing services relating to the swimming pool including the supply of electricity; (xxii) cleaning, maintaining, repairing, improving, reconstructing and replacing the car parking areas at or below ground level including all their vehicular and pedestrian accesses and egresses on the Reserved Property and remedying any inherent defects; (xxiii) The cost of periodic insurance valuations of the Estate; (xxiv) any other service or amenity that the Lessor may in its reasonable discretion (acting in accordance with the principles of good estate management) provide for the benefit of the Owners and occupiers of the Estate.” Variations to the Lease for flats 6, 12 and 45. Replacement of existing clauses 1.1 Paragraph 7 of the Seventh Schedule of the Lease shall be deleted and replaced by the following: "The Lessor shall provide the Services as follows: (i) the supply and removal of electricity, water, sewage and other utilities to and from the Estate; (ii) providing maintaining and replacing where necessary such television, internet and other media supplies to the Estate as the Lessor reasonably considers necessary; (iii) complying with the recommendations and requirements of the insurers of the Estate (insofar as those recommendations and requirements relate to the Reserved Property); (iv) complying with all laws including local, environmental and conservation regulations relating to the Reserved Property, their use and any works carried out at them, and relating to any materials kept at or disposed of from the parts of the Reserved Property which are used in common by the Owners and occupiers of any two or more of the Flats; (v) complying with all rights, covenants and restrictions that may from time to time affect the Estate; (vi) taking any steps (including proceedings) that the Lessor considers necessary to prevent or remove any encroachment over the Reserved Property or to prevent the acquisition of any right over the Reserved Property (or the Building as a whole) or to remove any obstruction to the flow of light or air to the Reserved Property (or the Building as a whole) as local regulations will allow; (vii) employing managing agents for carrying out and provision of the Services; (viii) administering and managing the Reserved Property and general supervision thereof including Directors and Officers Insurance Public Liability Insurance and Employer Liability Insurance and any other insurance from time to time deemed appropriate by the Lessor; (ix) cleaning, maintaining, decorating, repairing, improving, reconstructing, replacing and remedying the Reserved Property and remedying any inherent defect, including but not exclusively the brickwork, the balconies, their floor coverings, the balustrades, the caretaker's building and facilities and all roofs of the Reserved Property; (x) providing heating to the internal ground floor areas of the Reserved Property which are used in common by the Owners and occupiers of any two or more flats during such periods of the year as the Lessor reasonably considers appropriate and cleaning, maintaining, repairing, improving, reconstructing and replacing the heating machinery and equipment and remedying any inherent defect; (xi) lighting the areas of the Reserved Property which are used in common by the Owners and occupiers of any two or more of the Flats to include also the underground garages forming part of the Estate and as are normally lighted or should be lighted and cleaning, maintaining, repairing, improving, reconstructing and replacing lighting machinery and equipment and remedying any inherent defect; (xii) cleaning, maintaining, repairing and replacing the furniture, fittings and equipment in both the internal and external areas of the Reserved Property which are used in common by the Owners and occupiers of any two or more of the Flats; (xiii) cleaning, maintaining, repairing, improving, reconstructing and replacing the lifts and the lift shafts including roof housing lifts and lift machinery and equipment on the Reserved Property and remedying any inherent defects; (xiv) cleaning, maintaining, repairing, improving, reconstructing and replacing the communal water supply system and equipment on the Reserved Property and remedying any inherent defects; (xv) cleaning, maintaining, repairing, improving, reconstructing, operating and replacing security machinery and equipment (including closed circuit television), fire prevention evacuation and fighting machinery and equipment and fire alarms on the Reserved Property and remedying any inherent defects; (xvi) cleaning, maintaining, repairing, improving, reconstructing and replacing refuse bins on the parts of the Reserved Property which are used in common by the Owners and occupiers of any two or more of the Flats; (xvii) cleaning and maintaining the glass of the buildings forming part of the Reserved Property used in common by the Owners and occupiers of any two or more of the Flats; (xviii) cleaning, maintaining, repairing, improving, reconstructing and replacing signage for the parts of the Reserved Property which are used in common by the Owners and occupiers of any two or more of the Flats; (xix) maintaining and carrying out any other works to the garden and any landscaped and grassed areas of the Reserved Property; (xx) cleaning, maintaining, repairing, improving, reconstructing and replacing the floor coverings in the internal areas of the Reserved Property; (xxi) cleaning, maintaining, repairing, improving, reconstructing and replacing the swimming pool and related buildings machinery and equipment on the Reserved Property and remedying any inherent defects and providing services relating to the swimming pool including the supply of electricity; (xxii) cleaning, maintaining, repairing, improving, reconstructing and replacing the car parking areas at or below ground level including all their vehicular and pedestrian accesses and egresses on the Reserved Property and remedying any inherent defects; (xxiii) The cost of periodic insurance valuations of the Estate; (xxiv) any other service or amenity that the Lessor may in its reasonable discretion (acting in accordance with the principles of good estate management) provide for the benefit of the Owners and occupiers of the Estate.” RIGHTS OF APPEAL[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application by email to rpsouthern@justice.gov.uk to the First-tier Tribunal at the Regional office which has been dealing with the case.[2]The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.[3]If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.