References: [2007] EWCA Civ 1187
Links: Bailii
Coram: Mummery, Richards LJJ, Sir Paul Kennedy
Ratio: The tenant had sought an order under the 1987 Act for the appointment of a manager of the apartments. The landlord appealed against the order saying that it could not apply to buildings which were not comprised in the buildings containing the leasehold flats and their curtilages.
Held: The appeal failed. The Act ‘requires a causal link or nexus between the functions to be carried out by the manager and the premises defined in section 21(1), but it does not confine the manager’s functions to buildings and their curtilages. The power of the LVT is broader than simply appointing a manager of or over the premises as a building or part of a building.’
Statutes: Landlord and Tenant Act 1987
Jurisdiction: England and Wales
This case cites:
- Cited – Taylor v Blaquiere CA (Times 21-Nov-02, Gazette 23-Jan-03, Bailii, [2002] EWCA Civ 1633, [2003] 1 EGLR 52)
The court had appointed a manager of the converted house under the Act. The tenants sought to set off against the sums payable under the lease, the costs of repairs. The manager asserted that whilst he owed some duty of care, it was not a full duty . . - Cited – Adcock v Co-Operative Insurance Society Ltd CA (Times 26-Apr-00, Bailii, [2000] EWCA Civ 117)
The claimant claimed under his fire insurance with the defendants. He sought damages for their delay in processing the claim.
Held: The power to award interest on damages is discretionary. The judge had refused to allow interest, at a rate . . - At Lands Tribunal – Cawsand Ford Management Co Ltd v Stafford and others LT (Bailii, [2006] EWLands LRX – 145 – 2005)
LT LANDLORD AND TENANT – appointment of manager – lessees with incorporeal rights over land outside the curtilage of the building – held power to include such land in management order – Landlord and Tenant Act . . - Leave – Cawsand Fort Management Co Ltd v Stafford and others CA (Bailii, [2007] EWCA Civ 231)
Renewed application for permission to appeal. . .
(This list may be incomplete)
Last Update: 19 July 2019
Ref: 261450
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