70-72 Westbourne Terrace London W2 6QA LON/00BK/LAM/2020/0003 CVPREMOTE

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00BK/LAM/2020/0003 CVPREMOTE
Lorenzo de Santis As Attorney for Calder Park SAApplicant70-72 Westbourne Terrace Residents RTM Company Limited (1) And The Chilworth Trust Limited (2)Respondent
Judge Professor Robert AbbeySue Coughlin MCIEH; Professional MemberMr Brett Swabey of Swabey & Co, Solicitors for the ApplicantMs Tricia Hemans of Counsel for the RespondentDate 7 September 2020Property: 6QA Lorenzo de SantisType of application: Appointment of a Manager Judge Professor Robert Abbey

DECISION

[1]In paragraph one of the original decision it was stated that “The second respondent, which is not actively participating in these applications, is the freeholder “. This was an error as the second respondent is the head leaseholder and registered as such under title LN238555.[2]To correct this clerical error the Tribunal applies Rule 50 of the of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 S.I. 2013 No. 1169 (L. 8) and substitutes the words “head leaseholder” for the incorrect word “freeholder” so that this sentence should now read “The second respondent, which is not actively participating in these applications, is the head leaseholder”.[3]In paragraph1 of page 17 of the original decision it was stated that “Fees for the management functions given to the Manager under this order (with the exception of supervision of Major Works and carrying out the Work to which paragraphs 3 or 4 below applies) shall be £400.00 plus VAT per annum.” The Tribunal had decided that this was to be £400 per annum per unit.[4]To correct this clerical error the Tribunal applies Rule 50 of the of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 S.I. 2013 No. 1169 (L. 8). Therefore, the sentence should read “Fees for the management functions given to the Manager under this order (with the exception of supervision of Major Works and carrying out the Work to which paragraphs 3 or 4 below applies) shall be £400.00 plus VAT per annum per unit”. Name: Prof Robert M Abbey Date: 07 September 2020