The Victoria, 80 Paradise Road
- What was applied for
- Appointment of a manager under the Landlord and Tenant Act 1987, preceded by a section 22 notice, with a section 20C application by two of the respondent leaseholders.
- The figures
- Interim management order 25 January 2023, continuing to 31 May 2023. No monetary amounts are stated in the decision.
- Costs
- A section 20C order was made so the freehold company may not recover any costs of the application from the leaseholders, the freeholder having taken no active part beyond the applicant being its director and shareholder.
What Happened
An interim management order was made in January 2023. The application was struck out for non-payment of the hearing fee and failure to supply a bundle, then reinstated. At the hearing it emerged from the section 20C papers that the applicant had sold his flat. He confirmed it, and his solicitor conceded he could not be an applicant.
What the Tribunal Held
Dismissed. An application to appoint a manager must be made by a tenant of a flat within the property, and he was not a tenant of a flat at the date of the hearing. Every other leaseholder present opposed the appointment and none could be substituted, so with no applicant the application had to be dismissed. The interim management order was wound down with directions for final accounts and the return of unspent funds. The decision describes the building not at all.
What it means for a block here. A manager application dies with the applicant's leasehold interest. Sell the flat mid-application and you lose standing, and being a director of the freehold company is no substitute.