Conclusions
Disposal
For these reasons I allow the appeal and I will make an order varying the Lease in the manner indicated above. If the parties (or Mr and Mrs Hancock) wish to agree that the other leases of flats in the building should be varied under section 36 so that they are consistent with the variations to the Lease of Flat 1, they should agree a suitable draft and submit it for consideration within 14 days.
Martin Rodger KC,
Deputy Chamber President
25 February 2025
Correction pursuant to rule 53, Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010
After this decision was handed down, it was pointed out that the first sentence of paragraph 70 above does notaccurately reflect the outcome of the appeal. I therefore substitute the following:
For these reasons I dismiss the appeal and uphold the FTT’s decision to vary the Lease, but, in place of the order of the FTT I will make an order varying the Lease in the manner indicated above.
MR
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.
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