First Tier Tribunal Directions - 5th Dec 2018

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case reference : LON/00BJ/LSC/2018/0286

Property : 100 High Rise Blocks within the London Borough of Wandsworth

Applicant : London Borough of Wandsworth

Representative : Mr B Maltz (counsel) South London Legal Partnership

Respondents : Multiple Leaseholders

Representative : Various

Type of application : Landlord and Tenant Act 1985, s.27A(3)

Tribunal members : Judge Siobhan McGrath, Judge Timothy Powell, Mrs Helen Bowers

Venue : 10 Alfred Place, London WC1E 7LR

Date of Directions : 5 December 2018

SUPPLEMENTAL DIRECTIONS

Background

A. These Supplemental Directions should be considered with the

Directions order dated 5 November 2018.

B. At the Case Management Hearing held on 16 October 2018 it was agreed that a leaseholders communications group would be established with the purpose of advising and assisting the Tribunal so that communications in this case are effective.

C. A meeting of the communications group took place on Friday 30 November 2018. This meeting was attended by a small number of leaseholders and representatives and representatives of London Borough of Wandsworth. Following that meeting there were a number of action points on some practical aspects of the communication process which are beyond the scope of these Supplemental Directions. But some solutions were proposed to enhance communication and these will impact on the Directions Order of 5 November 2018. Hence, these Supplemental Directions are made below.

SUPPLEMENTAL DIRECTIONS

    1. One aspect that was raised was the extent to which the Respondents/leaseholders can work together. There was a request that the details of all the Respondents were to be made generally available. However, the Tribunal is aware that there will be different views as to whether or not this information should be disclosed. The Tribunal is of the opinion that given the concerns about security and privacy, the general release of this information in an uncontrolled manner would be inappropriate. In order to balance the competing interests, the Tribunal directs that:
          • Wandsworth shall make available, to be viewed in a non-electronic format, a copy of the list of Respondents to its application, to any Respondent/leaseholder (or representative body) making a request for it in writing.
    2. Given the date of the communications group meeting and the potential impact that this may have on the time frame for this case and in the interest of justice, the Tribunal considers that there is a need to extend the time limits given in the Directions Order of 5 November 2018.
    3. By 11 December 2018 the Applicant must upload an electronic copy of these Supplemental Directions to its website and by 21 December 2018 send a hard copy to all of the Respondents (i.e. with the statement of case and letter referred to below).
    4. The date in Direction 3 of the Directions Order dated 5 November 2018, is varied from 11 December 2018 to 21 December 2018. By the same date, the Applicant has agreed to send to each of the Respondents a hard copy of its statement of case.
    5. By 21 December 2018 the Applicant must upload an electronic copy to its website and send a hard copy to all of the Respondents of a letter that sets out the details of:
          • The location and access arrangements of a number of “data rooms” where a hard copy of all the documents relied upon in Direction 5 of the Directions Order dated 5 November 2018. These data rooms will be made available before 11 January 2019.
          • The link to any electronic web-page/blog that the Respondents have previously provided to the Applicant. The web-page/blog will act as a forum for the Respondents to collate their response to the application.
    6. The date in Direction 6 of the Directions Order dated 5 November 2018
          • is varied from 5 February 2019 to 5 March 2019.
    7. The date in Direction 8 of the Directions Order dated 5 November 2018
          • is varied from 19 February 2019 to 19 March 2019.
    8. To the extent that any Respondent/leaseholder, individually or in a group, have a named representative in these proceedings, they should provide those details to the Tribunal if they have not already done so.

Name: Mrs H C Bowers Date: 5 December 2018


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