Orchard Court Residents' Association v St Anthony's Homes Ltd (Record no. 73301)

MARC details
000 -LEADER
fixed length control field 02161cam a2200229 4500
001 - CONTROL NUMBER
control field ABS66999
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 030829n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u123404
245 ## - TITLE STATEMENT
Title Orchard Court Residents' Association v St Anthony's Homes Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2003] 22 64-66(3)
520 ## - SUMMARY, ETC.
Summary, etc. [2003] EWCA Civ 1049, 10 July 2003. A manager (M) was appointed by the Leasehold Valuation Tribunal (LVT), pursuant to the Landlord and Tenant Act 1987 Part II, to manage a block of flats owned by the applicant landlord (St A). The LVT granted as 'just and equitable' an application from the respondent (O) under the 1987 Act s24(9) to vary the order by extending the term of M's appointment by a further two years. The LT refused to grant St A permission to appeal against the LVT decision on the grounds that, although the LVT should have considered whether it was just and convenient to extend the appointment rather than just and equitable, there was no reason that the LVT could not have found, on the material before it, that it was also convenient. St A applied to CA for permission to appeal contending that: (1) the LVT had failed to consider whether one of the circumstances in s24(2) of the Act had been satisfied; (2) St A had not been shown to be in breach of its obligations under the leases; and (3) an application to vary was akin to the appointment of a manager in the first place. "Held", application dismissed. There is a distinction between varying s24(9) and making an order s24(2). S24(9) did not require the s24(2) tests to be met all over again on an application to extend the term of the appointment. The LVT clearly regarded the variation as convenient as well as just and equitable. There was no prospect of a successful appeal.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element VARIATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ORCHARD COURT RESIDENTS' ASSOCIATION V ST ANTHONY'S HOMES LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element APPOINTMENT OF MANAGERS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDS TRIBUNAL ACT 1949 S3(4)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT ACT 1987 S24(2)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT ACT 1987 S24(9)
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 29/08/2003   ABS66999 123404-1001 06/08/2019 1 06/08/2019 Law report