QUESTION
I wanted to ask when making an application for the appointment of a manager (and any other application to the Tribunal) would I be expected to send copies of all documents to all other leaseholders in my block (40 Flats). If I had to do that I could not afford it. Someone has told me in the past that I would have to do this and I would be the only applicant.
ANSWER
Many thanks for your enquiry which follows on from the recent webinar focusing on the appointment of a manager by the tribunal pursuant to section 24 the Landlord and Tenant Act 1987 (“the 1987 Act”).
This response is predicated on the property being located in England (rather than in Wales), which means that any application would be made to the First-tier Tribunal (Property Chamber). This, in turn, means the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (“the 2013 Rules”) would apply.
All applications (including brought under section 24 of the 1987 Act) are started by sending or delivering to the tribunal a notice of application. Rule 26(2) sets out the matters that should be included within an application. This includes the name and address of every person who appears to be an interested person, with the reasons for that person’s interests (rule 26(2)(k)).
The 39 other lessees in your block are arguably interested persons.
Rule 29 of the 2013 Rules requires the tribunal to provide any interested person with a copy of the application and any accompanying documents.
However, the tribunal may provide any document under the 2013 rules by:
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itself sending or delivering the documents; or
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requiring a party to do so
It’s entirely possible, therefore, that the tribunal could require you, as the applicant, to send copies of your application and any accompanying documents to your fellow lessees. The 2013 Rules permit this.
Cassandra Zanelli, Solicitor and CEO, Property Management Legal Services Limited
