Westwood Villa, 111 Abbey Road
- The building
- A converted hotel containing eight flats, the flats occupying a single-storey building originally annexed to the rear of the main hotel.
- 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
- Eight flats, tenant's proportion 12.5 per cent, only three of the eight let on long leases. Fire alarm untested since July 2018 and no cleaning for about two years.
- Costs
- Section 20C order made, so none of the landlord's costs may be treated as relevant costs, notwithstanding that none appear to have been incurred. The landlord was ordered to reimburse the tribunal fees.
What Happened
From 2018 the leaseholders wrote repeatedly about water ingress through the external wall, a communal front door that jammed, an unmaintained fire alarm and no cleaning, and asked for evidence of insurance and for service charge demands so they could pay. They received no response. A section 22 notice also went unanswered, and the landlord did not respond to the application, comply with directions or attend.
What the Tribunal Held
Grounds made out. The tribunal found the applicants had produced ample, convincing and uncontested evidence that the landlord had not managed the building in accordance with the lease. But it did not appoint the proposed manager and adjourned that part: his management plan appeared to be a standard set of duties one might expect of a managing agent rather than a plan tailored to this property in the light of its history, with no report on the building, no identified steps and no draft budget. His account of a previous tribunal appointment turned out to be wrong. The tribunal also noted that whoever is appointed can only be assured of service charge for three eighths of the outlay.
What it means for a block here. Proving the landlord's failings is half the job. A manager application also fails without a property-specific plan, a draft budget and a credible account of the nominee's experience.