Anthony Orchard & Anor v Alison Mooney

Anthony Orchard & Anor v Alison Mooney

The FTT had jurisdiction to vary the management order under section 24(9) of the Landlord and Tenant Act 1987 to authorise an additional interim service charge demand; the procedure adopted was appropriate given the circumstances, and the appellants' substantive and procedural objections lacked merit.

Parties
Appellant: Anthony Orchard; Appellant: Jacqueline Orchard; Respondent: Alison Mooney
Jurisdiction
England and Wales
Judgment Date
13 October 2022
Procedural Posture
Appeal / Determination on Written Representations
Outcome
appeal dismissed
Legal Topics
Appointment of Manager, Variation of Management Order, Service Charge, Jurisdiction, Procedural Defects
Landlord and Tenant Property Law Appointment of Manager Variation of Management Order Service Charge Jurisdiction Procedural Defects

Case Brief

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Parties

Anthony Orchard

Appellant

Jacqueline Orchard

Appellant

Alison Mooney

Respondent

Procedural Posture

Appeal / Determination on Written Representations

Legal Issues

  1. 1 Whether the First-tier Tribunal had power to make the order of 18 August 2020 authorising an interim service charge demand
  2. 2 Whether the order was a variation under section 24(9) or a direction under section 24(4) of the Landlord and Tenant Act 1987
  3. 3 Whether the procedure adopted by the FTT constituted a substantial procedural defect

Ratio Decidendi

The FTT had jurisdiction to vary the management order under section 24(9) of the Landlord and Tenant Act 1987 to authorise an additional interim service charge demand; the procedure adopted was appropriate given the circumstances, and the appellants' substantive and procedural objections lacked merit.

Court Disposition

appeal dismissed

Orders

  • None of the grounds of appeal raised by the appellants has any merit and the appeal is dismissed.