Case No. UKUT-62-(LC)

29.The FTT found that the current leaseholder of flat 87 appeared in the register of members of the company but was not named in the claim form. It nevertheless felt unable to conclude that there had been a breach of section 80(3). It is not clear what the source of that difficulty was and the FTT did not explain it with specific reference to flat 87. Instead, it dealt compendiously with a number of flats the circumstances of which were each different and suggested that there was insufficient evidence to enable it to form a view. But the official copy of the register of title for the flat, which I was told was among the documents provided to the FTT, showed clearly that the leaseholder identified in the register of members had owned the flat for a year before the claim notice was given. Mr Joiner did not quarrel with the proposition that the leaseholder’s name should have been included in the claim notice and I am satisfied that that was the only conclusion properly open to the FTT on the evidence.