Automated Summary
Key Facts
The Tribunal appointed Mrs Angela Dixon as interim manager of Albert Court in Torquay (case CHI/00HH/LVM/2019/0007) following Richard Norton's failure to comply with management duties, including submitting service charge accounts. The appointment under Section 24 Landlord and Tenant Act 1987 lasts until 14 January 2020, with responsibilities limited to urgent repairs and insurance arrangements. Norton was discharged except for final account obligations.
Issues
The Tribunal considered the discharge of Richard Norton as manager of Albert Court due to his failure to comply with the existing management order (including not submitting required progress reports or service charge accounts) and the appointment of Mrs. Angela Dixon as his replacement under Section 24 of the Landlord and Tenant Act 1987. The application was granted on an interim basis despite concerns about Mrs. Dixon's lack of professional qualifications and experience, with specific conditions imposed to address these deficiencies.
Holdings
The Tribunal appointed Angela Dixon as the interlocutory manager of Albert Court under Section 24 of the Landlord and Tenant Act 1987, discharging Richard Norton from his role except for final account duties. This decision followed Norton's failure to comply with management obligations, including submitting service charge accounts. The order requires Dixon to manage insurance, urgent repairs, and adhere to RICS codes, with an interim appointment lasting until 14 January 2020.
Remedies
- The Tribunal appointed Angela Dixon of Angela Dixon Sales and Lettings Ltd as the manager for Albert Court Market Street Torquay under an interlocutory order, which will continue until 14 January 2020. The manager is required to follow the directions and the Service Charge Residential Management Code.
- Richard Norton was discharged from his managerial duties except for three responsibilities: producing a final closing account, handing over insurance and documents to the new manager, and reimbursing unexpended monies. He has 14 days to complete these tasks.
Legal Principles
The tribunal applied Section 24 of the Landlord and Tenant Act 1987 to appoint a new manager due to the failure of the existing manager to discharge duties satisfactorily. The appointment was made on an interlocutory basis, requiring the new manager to address urgent repairs, maintain insurance, and comply with RICS management codes.
Cited Statute
- Leasehold Reform, Housing and Urban Development Act 1993
- Landlord and Tenant Act 1987
- Land Registration Act 2002
Judge Name
- Judge Tildesley OBE
- Judge C. A. Rai
- Mr M. Woodrow
Passage Text
- The appointment shall be limited to arranging insurance for the building and dealing with any day to day management issues that require urgent attention which will include repairs to the lift, entry gates and external lighting and general maintenance and cleaning of the common parts.
- The Tribunal explained its reservations about appointing Mrs Dixon as manager on account of her lack of suitable professional qualifications, relevant experience and actual knowledge of the role of a tribunal appointed Manager. However it told the parties that in all of the circumstances it might consider making an interim appointment.
- In accordance with section 24(1) Landlord and Tenant Act 1987 Angela Dixon of Angela Dixon Sales and Lettings Ltd ('the Manager') is appointed as manager of the property at Albert Court Market Way Torquay TQ1 3AH ('the Property'). The order shall be interlocutory and continue until 14 January 2020.