Grateful thanks to September 2019 edition of Legal Action – Housing: recent developments for this one.
Whale and others v Maunder Taylor and Northwood Hall RTM Company Ltd, County Court at Central London, May 2019
Mr Maunder Taylor was an FTT-appointed manager of a block of flats.
Following his appointment, he decided to go ahead with a scheme to replace the communal heating an hot water supply to the block.
Some of the leaseholders objected and refused to allow access for works to connect them to the new system, so if the old heating system was switched off, they would not have heating.
Mr MT said he would be draining down and decommissioning the old system. A number of leaseholders then brought a claim for an injunction against Mr MT to prevent this.
The injunction was granted and the leaseholders awarded damages to be assessed. The leases did not permit the new heating system to be imposed on the leaseholders, and the leases required that they were provided with hot water and heating. Mr MT’s appointment as manager was subject to the terms of the leases.