[2025] UKUT 111 (LC)

Fecha: 31-Mar-2025

Conclusions

Disposal

38.

For these reasons I allow the appeal and remit the application to vary the order to the FTT for determination.

39.

Finally, I have considered whether I should make the interlocutory order which the FTT could have made, extending the manager’s appointment on an interim basis while the full application is determined. I have decided not to do so because I have no information about the current situation on the ground. My reluctance to make such an order does not mean that the FTT cannot do so, but it should only make an interim order if it has evidence which satisfies it that it would be just and convenient. If the appellants wish to pursue such an order they should apply promptly to the FTT with an account of the current state of management of the building.

Martin Rodger KC,

Deputy Chamber President

31 March 2025

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.