The Old Courthouse, Waterloo Road
- The building
- Developed around 2008. Twelve flats across four floors plus two commercial units, one part wholly stone and older in appearance, the other stone to the front and rendered behind, both with mansard roofs and dormer windows. Access to the residential entrance is over timber decking at first floor level. Only seven of the twelve flats are let on leases.
- 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
- Twelve flats, four floors, two commercial units, seven flats leased. Bundle of 430 pages. Appointment 15 April 2025 to 31 March 2028. Manager's fee £6,000 a year, reducing to 3,600 after eighteen months to two years. Professional indemnity cover extended from 1 million to 2 million pounds.
- Costs
- Section 20C granted, so the freeholders' costs of the proceedings may not be recovered through the service charge. The tribunal considered it just and equitable in light of the applicants' success and the wider circumstances, noting that success alone is not determinative although it is never irrelevant.
What Happened
The lead applicant's flat had suffered leaks in two places, one running several years. On inspection the tribunal found deteriorated decking with at least two unsupported planks, and in the tenanted flat clear water staining across the bedroom ceiling and down a wall with a bucket and paper towels under the light fitting. At the hearing the freeholders accepted the history, said they had been badly served by previous agents, and agreed to the appointment.
What the Tribunal Held
Granted on the basis that circumstances exist making it just and convenient, given the ongoing leaks, the need for clarity of responsibility and the confusion caused by a dormant management company. The tribunal repeated that there cannot be an order appointing a manager simply by the consent of the parties, because the manager is answerable in the first instance to the tribunal. It questioned the nominee closely: she held no formal block management qualification, which the tribunal would ordinarily look for, but it was content that was not an undue concern here, and she correctly identified that she could not manage lettings for the freeholders while acting as manager.
What it means for a block here. Even where the freeholder agrees, the tribunal independently tests the nominee's qualifications, independence, conflicts and insurance before making the order.