Cawsand Fort Management Co Ltd v EM Stafford and others [electronic resource]
Cawsand Fort Management Co Ltd v EM Stafford and others [electronic resource]
- 2007
[2007] EWCA Civ 1187, 12 October 2007. Considers whether the leasehold valuation tribunal has the power to order an appointed land manager to perform actions on land outside their leased buildings and associated areas. The appellant (C) was the proprietor of a freehold company of residential units. The respondent lessees (S) were entitled by covenant to use nearby amenity land for recreational purposes, which C was covenanted to repair and maintain. C did not carry out these obligations, and the tribunal granted S's application to appoint a manager (see L136578). S appealed, arguing that the tribunal did not have the power to do this. "Held": The language used by section 21(1) of Part II of the Landlord and Tenant Act 1987 allowed for the appointment of a manager in relation to the properties. C's submission did not take account of this. There was nothing in the Act limiting the Tribunal's power merely to the buildings and their curtilages. Appeal dismissed.
CAWSAND FORT MANAGEMENT CO LTD V STAFFORD AND OTHERS
CAWSAND FORT MANAGEMENT CO LTD V STAFFORD AND OTHERS (NO.2)
LANDLORD AND TENANT ACT 1987
England and Wales--1543-
[2007] EWCA Civ 1187, 12 October 2007. Considers whether the leasehold valuation tribunal has the power to order an appointed land manager to perform actions on land outside their leased buildings and associated areas. The appellant (C) was the proprietor of a freehold company of residential units. The respondent lessees (S) were entitled by covenant to use nearby amenity land for recreational purposes, which C was covenanted to repair and maintain. C did not carry out these obligations, and the tribunal granted S's application to appoint a manager (see L136578). S appealed, arguing that the tribunal did not have the power to do this. "Held": The language used by section 21(1) of Part II of the Landlord and Tenant Act 1987 allowed for the appointment of a manager in relation to the properties. C's submission did not take account of this. There was nothing in the Act limiting the Tribunal's power merely to the buildings and their curtilages. Appeal dismissed.
CAWSAND FORT MANAGEMENT CO LTD V STAFFORD AND OTHERS
CAWSAND FORT MANAGEMENT CO LTD V STAFFORD AND OTHERS (NO.2)
LANDLORD AND TENANT ACT 1987
England and Wales--1543-