91 Pennycress, Locking Castle
- The building
- A purpose-built block of 12 flats over three floors, timber framed with brick elevations under a pitched tiled roof. Communal hall, stairs and corridors, front and rear gardens, a drying area, a bin store and one allocated parking space per flat.
- What was applied for
- Appointment of a manager under section 24 of the Landlord and Tenant Act 1987, by a single leaseholder acting in person.
- The figures
- Twelve flats over three floors. Lease of 999 years from 1 January 1995 at £30 ground rent, service charge share one twelfth. Section 22 notice 7 December 2018 requiring remedy by 20 January 2019, application made 14 December 2018.
What Happened
He served a section 22 notice requiring remedy by 20 January 2019 and then applied on 14 December 2018, before that period had expired. He did not attend the case management hearing, the application was struck out and reinstated, and he chose not to attend the extraordinary general meeting he had himself asked for, at which the members present unanimously rejected his proposed manager.
What the Tribunal Held
Refused. The tribunal found the building in reasonable condition with minor general disrepair, the communal areas clean and tidy, the accounts prepared by a competent accountant and independently examined, and it preferred the evidence that a fire risk assessment existed. It held that the applicant had the obligation to establish the grounds for the making of a management order, which he failed to do, and restated that appointment under section 24 is the remedy of last resort when all other avenues have been exhausted. The refusal was no reflection on the proposed manager, whom it would have accepted as suitable.
What it means for a block here. Let the section 22 period run, use the internal remedies you asked for, and be ready to prove the statutory grounds yourself. A resident-run company with an agent and systems in place will not be displaced on minor disrepair and disputed paperwork.