![[2024] UKUT 56 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png){kind=logo}
The appeal
The appeal
The appellants appeal, with permission from the Tribunal, on six grounds. Four are, together, decisive of the success of otherwise of the appeal; a further ground seeks the setting aside of some findings of fact; a final ground is that certain case management directions should have been given, and it arises only if the first four grounds fail.
I have been assisted by a comprehensive skeleton argument from Mr Auld and Ms Bloomfield. All I have from the respondents is a statement of case in the appeal, which complains that the works were unnecessary, asks the Tribunal to make a number of orders which it cannot make in this appeal (for example, to pass management of the building to the leaseholders), and does not address any of the grounds of appeal save for a brief comment about prejudice which I shall mention in due course.
I take the first two grounds together, and then the second two:
- Heading
- Introduction
- The legal background
- The factual background and the proceedings in the FTT
- The proceedings in the FTT
- The appeal
- (1): The FTT was wrong to hold that a landlord whose title has not been registered cannot enter and do works on the property without the legal owner’s permission
- 5(1) Did the appellant give a proper explanation of the extent and cost of the works?
- 5(2) Was there satisfactory evidence of completion of the works?
- 5(3) Was the FTT wrong to dismiss the report and schedule of works of Mr Payne?
- Conclusions