Jace Court, Priory Road
- The building
- A block of 31 flats near the town centre, mainly on three storeys, brick under a slate mansard roof, attached to a similar adjoining block. Both originally formed part of a former college building.
- What was applied for
- Appointment of a manager under section 24 of the Landlord and Tenant Act 1987, brought by 24 leaseholders.
- The figures
- 31 flats, 24 of them applicants. Gas debt about £70,000 in April 2024 rising to about £91,300. Proposed manager's charges £11,700 a year including VAT. Fire door remedial works estimated at £20,000 to £25,000.
- Costs
- Section 20C and paragraph 5A orders made, so none of the landlord's costs may be treated as relevant costs or levied as an administration charge, notwithstanding that none appear to have been incurred. The landlord was ordered to reimburse £330 in tribunal fees.
What Happened
The landlord failed to serve a statement of case, was given a 30-day extension with a warning, and was then barred from relying on evidence. It neither attended nor was represented, so the tribunal decided on the leaseholders' uncontroverted evidence: roof leaks unremedied since November 2023, a flat flooded with sewage, light fittings hanging by their wires, fire doors that would not close, and a communal gas debt that rose from about £70,000 to about £91,300 with no account of where payments had gone.
What the Tribunal Held
Grounds made out, but the proposed manager was not appointed. Findings against the landlord included failure to maintain basic fire precautions with associated risk to residents, and ongoing and unresolved financial irregularities. On the nominee, the tribunal held that the role of a tribunal-appointed manager is very different to that of a typical property manager, and that his statement claiming to uphold the management code was at odds with his reply that he had not fully read it, the code standing at the heart of an appointed manager's duties. His management plan addressed fire compliance but was silent on the roof, the security and the gas dispute. The tribunal called this regrettable, the matter being urgent and the applicants having made a compelling case, and gave them eight weeks to propose another manager.
What it means for a block here. Proving the landlord's failures is half the job. The tribunal will refuse your nominee if he lacks senior accreditation, working knowledge of the management code, and a plan that addresses every problem in evidence.