Cawsand Fort Management Company Ltd, R (on the Application of) v Kane & Ors

Cawsand Fort Management Company Ltd, R (on the Application of) v Kane & Ors

The tribunal did not exceed its jurisdiction under section 24 of the Landlord and Tenant Act 1987 by appointing a manager to carry out functions in relation to land outside the leaseholders' premises, as long as there is a nexus between the functions and the premises; the management order is valid.

Source-derived case information.

Parties
Claimant: Cawsand Fort Management Company Limited; Defendant: First-tier Tribunal (Property Chamber); Interested Parties: Mr & Mrs R Kane and Others
Jurisdiction
England and Wales
Judgment Date
18 November 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Judicial review refused
Legal Topics
Appointment of Property Manager, Tribunal Jurisdiction, Management Orders, Leasehold Rights
Property Law Administrative Law Appointment of Property Manager Tribunal Jurisdiction Management Orders Leasehold Rights

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Parties

Cawsand Fort Management Company Limited

Claimant

First-tier Tribunal (Property Chamber)

Defendant

Mr & Mrs R Kane and Others

Interested Parties

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the First-tier Tribunal exceeded its jurisdiction under section 24 of the Landlord and Tenant Act 1987 by appointing a manager over land not within the scope of Part II of the Act
  2. 2 Interpretation of 'premises' and the extent of management orders under section 24

Ratio Decidendi

The tribunal did not exceed its jurisdiction under section 24 of the Landlord and Tenant Act 1987 by appointing a manager to carry out functions in relation to land outside the leaseholders' premises, as long as there is a nexus between the functions and the premises; the management order is valid.

Court Disposition

Judicial review refused