Cawsand Fort Management Company Ltd, R (on the Application of) v Kane & Ors
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE HICKINBOTTOM
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case involved the Claimant's challenge to the First-tier Tribunal's decision to appoint a manager for the entire property 'The Fort,' arguing that it exceeded its jurisdiction under the Landlord and Tenant Act 1987. The tribunal's management order included land beyond the leaseholders' premises. The court held that the tribunal did not exceed its powers, as the functions of the manager had a nexus with the leaseholders' premises and were thus within jurisdiction. The judicial review was refused.
Judgment
Mr Justice Hickinbottom:
Introduction
In this judicial review, the Claimant challenges the decision of the First-tier Tribunal (Property Chamber) dated 4 October 2013 appointing a manager of property known as the Fort, Cawsand, Torpoint, Cornwall under Part II section 24 of the Landlord and Tenant Act 1987 (“ the Act ”), on the ground that the tribunal went beyond its powers in purporting to appoint a manager of property which is not within the scope of Part II of the Act .
The Statutory Framework
Part I of the Act gives tenants of flats, in certain circumstances, the right to acquire the landlord’s reversion to premises consisting of “the whole or part of a building” (section 1(2)(a)).
Until 30 June 2013, Part II conferred jurisdiction on Leasehold Valuation Tribunals (“LVTs”) to appoint a manager, on the application of “the tenant of a flat contained in any premises to which this Part applies…” ( section 21(1) ), namely “premises consisting of the whole or part of a building if the building or part contains two or more flats” ( section 21(2) ). From 1 July 2013, by virtue of the Transfer of Tribunal Functions Order 2013 (SI 2013 No 1036) , that jurisdiction was transferred to the First-tier Tribunal (Property Chamber).
Before an application for a management order is made, sections 22 and 23 of the Act require service of a preliminary notice by the tenant on the landlord and on any other person with obligations relating to the management of the premises.
Section 24 gives the tribunal power to make a management order. So far as material, it provides:
“(1) [The appropriate tribunal] may, on the application for an order under this section, by order… appoint a manager to carry out in relation to any premises to which this Part applies –
(a) such functions in connection with the management of the premises, or
(b) such functions of a receiver
or both as the tribunal thinks fit.
(2) [The appropriate tribunal] may only make an order under this section in the following circumstances, namely –
(a) where the tribunal is satisfied –
(i) that any relevant person either is in breach of any obligation owed by him to the tenant under his tenancy and relating to the management of the premises in question or any part of them…
(ii) …
(iii) that it is just and convenient to make the order in all the circumstances of the case.
…
(b) where the tribunal is satisfied that other circumstances exist which make it just and convenient for the order to