David Warner appeared in the Estates Gazette: Landlord & Tenant for his successful representation of the appellants. The initial case concerned a water leak in the roof of the building and subsequent disagreement over which party held the repairing obligations. An application was made to the First-tier Tribunal for the appointment of a manager (the first respondent) in February 2019. The FTT dismissed an application by the appellants to discharge the first respondent and return management of the building to the company through with the leaseholders jointly owned the freehold. The appellants appealed, contending that fresh evidence showed that the FTT had been given materially inaccurate evidence, applied an inappropriate test when considering whether to discharge the manager and failed to give sufficient explanation for its decision. The appeal was allowed.
David was instructed directly for the appellants.