Invergarry Court Limited v Christopher Anthony Connolly & Ors
Decision date: 3 August 2022
Neutral citation: [2022] UKUT 209 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned an FTT order appointing a manager of a nine-flat block after disputes over unauthorised works, withheld consents and service-charge accounting. The Upper Tribunal found the FTT had erred by treating pre-emptive statements of conditions as unlawful refusals of consent and by failing to identify and apply the statutory threshold ground and expressly consider whether it was "just and convenient" to make a management order. The FTT's order was set aside and the application remitted to a differently constituted FTT for redetermination.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
An FTT must identify and be satisfied of one of the statutory threshold grounds for appointing a manager and must expressly consider and record whether it is "just and convenient" to make a management order; failure to do so is an error warranting setting aside the order. Also, a landlord's pre-emptive statement of conditions for future consent does not, without a formal written request, amount to an unlawful or unreasonable refusal of consent.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The tribunal observed that granting a management order is a draconian remedy and tribunals should consider less intrusive alternatives and the ownership composition (minority v majority) of applicants. It also noted a point for consideration whether the task of granting or refusing consent to assign plainly falls within the manager's "functions in connection with the management of the premises."