Land lying to the west of Burlington Gardens, Hullbridge, Hockley SS5 6BD (322) Meadowley and Fields Farm, 150A and 150B, Congleton Road, Sandbach CW11 4TE (348) Claimant : On Tower UK Limited LC – 2023 – 000322 and 348

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LC – 2023 – 000322 and 348
Between
AP Wireless II (UK) LimitedRespondent
Before
Judge D JacksonOliver Radley-Gardner KC instructed by Gowling WLG (UK) LLP for the ApplicantDavid Holland KC and Wayne Clark instructed by Freeths LLP for the RespondentDate 30 October 2023Hearing 2023-10-06Property: Land lying to the west of Burlington Gardens, Hullbridge, Hockley SS5 6BD (322) Meadowley and Fields Farm, 150A and 150B, Congleton Road, Sandbach CW11 4TE (348)

DECISION

[82]The 2002 Agreement is not a lease to which Part 2 of the Landlord and Tenant Act 1954 applies.[83]The 1997 Agreement as amended is not a lease to which Part 2 of the Landlord and Tenant Act 1954 applies.[84]The Respondent’s application to strike out references LC – 2023 – 322 and LC – 2023 – 348 is refused.[85]The Respondent shall pay the Claimant’s costs of the Preliminary Issue summarily assessed in the sum of £32,000 within 28 days of the date of this Decision. D Jackson Judge of the First-tier Tribunal Either party may appeal this Decision to the Upper Tribunal (Lands Chamber) but must first apply to the First-tier Tribunal for permission. Any application for permission must be in writing, stating grounds relied upon, and be received by the First-tier Tribunal no later than 28 days after the Tribunal sends its written reasons for the Decision to the party seeking permission.