133 Wells Road
- What was applied for
- Appointment of a manager under section 24 of the Landlord and Tenant Act 1987, with a section 20C application.
- The figures
- Section 22 notice 4 April 2024, application 29 April 2024, first hearing 18 October 2024, reconvened 31 January 2025. Bundle of 246 pages. Fourth manager proposed.
- Costs
- The section 20C application was refused as a consequence of the substantive application being dismissed.
What Happened
At the first hearing the tribunal found the grounds made out and that appointment would be just and convenient, but held the proposed manager unsuitable and stayed the matter for six weeks so an alternative could be found. The applicant nominated one manager, withdrew that nomination two weeks later and proposed another. At the reconvened hearing that nominee, questioned by the tribunal, withdrew his willingness to be appointed.
What the Tribunal Held
Dismissed, and the section 20C application refused with it. The nominee accepted he had not read the lease of the applicant's flat before the hearing, had read none of the others, could not say how he would fund the works given the breakdown in communication, could not provide information on client money protection, appeared unaware that the tribunal usually appoints a named person rather than a firm, and did not appreciate that the appointment let him act independently of the landlord or that a manager's authority derives from the order and can override the lease. With no nominated manager before it, the tribunal dismissed rather than grant a second stay, this being the fourth manager proposed. The decision does not state the number of flats.
What it means for a block here. Winning on the grounds is worthless without a nominee who has read the leases, understands that a tribunal-appointed manager acts independently of the landlord, and can answer on client money protection and funding. The tribunal dismisses rather than keep granting stays.