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Cawsand Fort Management Co Ltd v. Stafford and others [electronic resource]

Language: English Publication details: 2006Subject(s): Online resources: Summary: LRX 145 2005, 7 November 2006. The appellant landlord owned the freehold property of Cawsand Fort, a grade II listed building and an ancient monument. Within the mounded fortifications were barracks and other buildings which had been converted into residential units. On 5 October 2005 the Leasehold Valuation Tribunal for the Southern Rent Assessment Panel on the application of the respondents under section 24 of the Landlord and Tenant Act 1987 appointed Mr Martin Woodhead as manager for a period of 3 years in respect of the property. The property was identified as extending to the whole of the fort. The appellant appealed against the decision of the LVT. It did not appeal against the appointment of the manager per se, but it asserted that the LVT exceeded its jurisdiction under section 24 of the Landlord and Tenant Act 1987 because the extent of the property in respect of which the LVT's order was made included premises to which Part II of the 1987 Act does not apply. "Held": as the appellant accepted that "premises" for the purposes of section 24 include incorporeal rights and that a manager appointed in relation to a building may be authorised to manage the ancillary rights to the easements enjoyed by the tenants, he had to accept that this would necessarily include physical works to the servient tenement.
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Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 136578-1001

LRX 145 2005, 7 November 2006. The appellant landlord owned the freehold property of Cawsand Fort, a grade II listed building and an ancient monument. Within the mounded fortifications were barracks and other buildings which had been converted into residential units. On 5 October 2005 the Leasehold Valuation Tribunal for the Southern Rent Assessment Panel on the application of the respondents under section 24 of the Landlord and Tenant Act 1987 appointed Mr Martin Woodhead as manager for a period of 3 years in respect of the property. The property was identified as extending to the whole of the fort. The appellant appealed against the decision of the LVT. It did not appeal against the appointment of the manager per se, but it asserted that the LVT exceeded its jurisdiction under section 24 of the Landlord and Tenant Act 1987 because the extent of the property in respect of which the LVT's order was made included premises to which Part II of the 1987 Act does not apply. "Held": as the appellant accepted that "premises" for the purposes of section 24 include incorporeal rights and that a manager appointed in relation to a building may be authorised to manage the ancillary rights to the easements enjoyed by the tenants, he had to accept that this would necessarily include physical works to the servient tenement.