[2024] UKUT 59 (LC)

Fecha: 15-Mar-2024

Conclusions

Disposal

116.

In summary, I am satisfied that the FTT was correct in its conclusion that the Manager is not an accountable person for the higher-risk buildings at Canary Riverside. He is nevertheless obliged by the management order to continue to carry out the functions conferred on him by the order, notwithstanding that those include building safety responsibilities which are also duties of the accountable person under Part 4 of the 2022 Act. He is not obliged to carry out building safety functions which are not required of him by the management order.

117.

There is no appeal from the remainder of the FTT’s determination as to the identity of the accountable persons, and they are under the obligations imposed by Part 4, notwithstanding that they may be prohibited by the management order from performing some of them.

118.

It is open to any of the parties to apply to the FTT for it to modify or discharge the management order to eliminate the duplication of functions which currently exists.

119.

For these reasons I dismiss the Manager’s appeal.

Martin Rodger KC,

Deputy Chamber President

15 March 2024

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.