[2025] UKUT 111 (LC)

The FTT is given power to appoint a manager to act in relation to premises which contain two or more flats by section 24, Landlord and Tenant Act 1987 (the 1987 Act), the relevant parts of which are as follows:

“24 Appointment of manager by a tribunal

(1)

The appropriate tribunal may on an application for an order under this section, by order (whether interlocutory or final) appoint a manager to carry out in relation to any premises to which this Part applies –

(a)

such functions in connection with the management of the premises, or

(b)

such functions of a receiver, or both, as the tribunal thinks fit.

(2)

The appropriate tribunal may only make an order under this section in the following circumstances, namely –

(a)

where the tribunal is satisfied –

(i)

that the landlord either is in breach of any obligation owed by him to the tenant under his tenancy and relating to the management of the premises in question or any part of them […],

(ii)

[…], and

(iii)

that it is just and convenient to make the order in all the circumstances of the case;

(ab)-(ac) […] or

(b)

where the tribunal is satisfied that other circumstances exist which make it just and convenient for the order to be made …

(4)

An order under this section may make provision with respect to –

(a)

such matters relating to the exercise by the manager of his functions under the order, and

(b)

such incidental or ancillary matters as the tribunal thinks fit; and, on any subsequent application made for the purpose by the manager, the tribunal may give him directions with respect to any such matters.

(5)-(8) […]

(9)

The appropriate tribunal may, on application of any person interested, vary or discharge (whether conditionally or unconditionally) an order made under this section; […]

(9A) The tribunal shall not vary or discharge an order under subsection (9) on the application of any relevant person unless it is satisfied –

(a)

that the variation or discharge of the order will not result in a recurrence of the circumstances which led to the order being made, and

(b)

that it is just and convenient in all the circumstances of the case to vary or discharge the order.”

Three features of these statutory provisions should be noted. First, under section 24(1), the FTT has power to appoint a manager on an interlocutory or final basis; an “interlocutory” appointment means an appointment made on a temporary basis before a final decision in the proceedings has been made. Secondly, the FTT has power under section 24(9) to vary or discharge a management order; no limit is placed on the sort of variation which may be made. But, thirdly, by section 24(9A), the FTT must be satisfied that it is “just and convenient in all the circumstances of the case” before it can exercise its power to vary a management order.