Judge J DobsonMr M Donaldson FRICSMr C Davies FRICS ACIArbMr David Edwards of Counsel, instructed by John Gray (lay representative) for the ApplicantMs Natalie Pratt of Counsel for the RespondentDate 26 January 2021Hearing 2021-01-12Property: Kings Court, Kings Road, Lymington, Hampshire, S041 9GSType of application: Appointment of a manager Section 24 Landlord and Tenant Act 1987
DECISION
[78]In accordance with section 24 Landlord and Tenant Act 1987, Mr Nathan Gooch is appointed as the Manager of Kings Court, Kings Road, Lymington, Hampshire, S041 9GS as from today’s date.[79]The Appointment is subject to Mr Gooch maintaining a current certificate for professional indemnity insurance for a level of indemnity of at least £1million which specifically states that it applies to the duties of a Tribunal- appointed manager.[80]The Order shall continue until 31st December 2022. If a party wishes to extend the Order s/he must give notice prior to 30th September 2022.[81]The Manager shall manage the Property in accordance with i) the directions and schedule of functions and services attached to the Management Order; ii) save where modified by this Order, the respective obligations of the Landlord and the Lease whereby the Property is demised by the Landlord and in particular with regard to repair, decoration, provision of services and insurance of the Property; iii) the duties of a Manager set out in the Service Charge Residential Management Code (“the Code”) (3rd Edition) or such other replacement code published by the Royal Institution of Chartered Surveyors and approved by the Secretary of State pursuant to section 87 Leasehold Reform Housing and Urban Development Act 1993 and iv) the provisions of sections 18 to 30 of the Landlord and Tenant Act 1985.[82]The Respondent shall pay the £300 fees to the Applicant as set out above. Further Directions[83]Mr Gooch shall by close of business on 10th February 2021 provide to the Tribunal a copy of an amended insurance policy on which Mr Gooch is named individually, as Tribunal- appointed manager, in addition to the policy providing cover for the company.[84]If Mr Gooch does not do so and time is not extended, the Management Order will automatically cease at 00.01 on 11th February 2021. 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 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.