Re: 2-4 Westferry Road, London, E14 8JL

February 17, 2011
<p> The applicants had already applied to the LVT for the appointment of a manager. <br> This application had been successful in 1999 and there had been a variation in 2001, re-appointing the same manager until the end of 2005. They applied again to extend his appointment for a second time. The respondent freeholder objected on three grounds; firstly they argued that the Order appointing the manager did not contain any provision enabling it to be extended; secondly they argued that s24(9) Landlord and Tenant Act 1985 did not confer on the LVT a jurisdiction to vary an order; finally they argued that it was not just and covenient for the management order to continue. <br> The LVT rejected these arguments. It held that the absence of an express clause permitting the manager’s appointment to be extended was not fatal. The LVT retained a general discretion to review the appointment of the manager and the terms of his appointment. Secondly, s24(9) permitted the LVT to vary or discharge any order as it felt appropriate. Parliament cannot have intended parties to have to issue a new application, with the associated costs, both financial and in terms of time, every time they wanted simply to preserve the status quo. Finally, it clearly was just and convenient to make the order sought. The managing agents were doing an excellent job and should be permitted to continue to do so.<br> Analysis<br> The decision is not particularly surprising, but it is welcome as a confirmation of the commonly accepted position, namely that the LVT is able to vary management orders as it feels appropriate. This must be right. The manager appointed under s24 is a servant of the LVT, not the parties. The LVT must retain powers to deal with him and the terms of his appointment. <br> 006</p>
Subscribe to see more
Standard
  • 1 print copy of bi-monthly magazine

  • Access to bi-monthly digital magazine 

  • Full website access including our NOTB Guides 

  • Archive access to articles and premium content

  • Discounts to events and training

  • Subscriber only newsletter

£49.00
per year
SUBSCRIBE
Corporate
  • 3 print copies of bi-monthly magazine

  • Unlimited full website access for all your staff including the bi-monthly digital magazine and our NOTB guides 

  • Archive access to articles and premium content

  • Discounts to events and training

  • Exclusive members only deals, discounts and competitions

  • Subscriber only newsletter

£149.00
per year
SUBSCRIBE
Digital
  • Access to bi-monthly digital magazine 

  • Full website access including our NOTB Guides 

  • Archive access to articles and premium content

  • Discounts to events and training

  • Subscriber only newsletter

£24.99
per year
SUBSCRIBE
Join our mailing list
FREE NOTB email
Get our bi-weekly email packed with the latest articles and events straight to your inbox.

© 2025 News On The Block. All rights reserved.

News on the Block is a trading name of Premier Property Media Ltd.

We use cookies to improve your experience on our site. By using our site you consent cookies.