Langtons Wharf, 46-52 (even) The Calls LS2 7EF MAN/00DA/LVT/2021/0001

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case No MAN/00DA/LVT/2021/0001

Between

See Annex BApplicant

See Annex CRespondent

Before

Mr P Barber

Mr A Hossain FRICS

Date 21 March 2023

Property: Langtons Wharf, 46-52 (even) The Calls LS2 7EF

Type of application: Landlord & tenant Act 1987 Section 37

DECISION

[1]The Tribunal orders that the leases listed in Annex A column 1 hereto, held by the leaseholders listed in Annex A column 2 hereto are varied in accordance with the Order attached to this Decision and Reasons.

[2]In every case, the Land Registry shall be notified of this Order by the Applicant. Pursuant to section 38(9) of the Landlord and Tenant Act 1987, the Chief Land Registrar shall make such entries on the registers of the titles affected for the purpose of recording and giving effect to the terms of this Order so that the variations are recorded in the registered leasehold titles of each of the underleases.

REASONS

[3]This is an application under section 37 of the Landlord and Tenant Act 1987 to vary several clauses in 67 leases to 67 flats in three separate buildings in the development known as Langtons Wharf, 46 – 52 (even) the Calls, Leeds LS2 7EY (“the property”).

[4]The Application is made by the landlord and freehold owner of the property and is supported by 52 leaseholders (originally 51 but at the hearing we were told that one of the respondents (Sarah Teshome) actually supports the application). That represents 78% of the tenants at the property. The list of Applicants (not including Mrs Teshome) is attached as Annex B to this Decision and Reasons. Compliance with Section 37 of the Landlord and Tenant Act 1987

[5]Notice of the application has been served on the leaseholders and any interested parties, including the mortgagees listed in the “Schedule of Lenders” attached to the statement of case as Annex I and the Tribunal has received no objections from any of the respondents or interested parties.

[6]The Tribunal is accordingly satisfied of the following requirements under section 37 of the 1987 Act namely:a. All the leases sought to be varied are long leases of flats in the property and of which the landlord is the same person.

b. The object to be achieved by the variation application cannot be satisfactorily achieved unless all the leases are varied to the same effect.

c. At least 75% of the effected leases consent to the application.

[7]The Tribunal is also satisfied under section 38 of the 1987 Act as to the following factors:a. No respondent to the application nor any other interested party is likely to be substantially prejudiced by any variation sought; and

b. there is no other reason which it would not be reasonable in the circumstances for the variation to be effected.

[8]There is no claim for, and it appears to the Tribunal that there is no loss or disadvantage that any person is likely to suffer as a result of the variation and accordingly the Tribunal considers that there is no requirement to pay compensation to any person pursuant to section 38(10) of the 1987 Act.

[9]Within 21 days of this decision the Applicant shall file stamped addressed envelopes addressed to each leaseholder, (all 67), to enable the Tribunal to serve a copy of this Decision and Reasons on the leaseholders (as required following the Upper Tribunal decision in Hyslop v 38/41 CHG Residents Co Ltd

[2017] UKUT 0398 (LC)

[10]If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on a point of law only. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this decision (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rule 2013) stating the grounds upon which it is intended to rely in the appeal. Signed……… ………..Phillip Barber Judge of the First-tier Tribunal Date: 21 March 2023