Source: All England Reporter
Publisher Citation: [2002] All ER (D) 28 (Mar)
Court: Chancery Division
Judge:

Ferris J

Representation Stan Gallagher (instructed by Jennifer Israel & Co) for the claimants.
  Robert Lamb (instructed by Soakias & Soakias) for the defendant.
Judgment Dates: 4 March 2002

Catchwords

Landlord and tenant - Covenant - Insurance - Claimants leasing certain flats in property - Previous insurers of property refusing to continue insurance cover - Defendant's managing agents failing to obtain alternative insurance - Claimants applying to leasehold valuation tribunal for appointment of receiver to maximise prospects of obtaining insurance - Claimants seeking to obtain insurance before tribunal hearing date - Claimants subsequently applying to court for appointment of receiver - Whether court having jurisdiction to appoint receiver - s 37 - ss 21(6), 24.

The Case

Under s21(6) of the the Leasehold Valuation Tribunal had exclusive jurisdiction over matters affecting the appointment of a receiver over a block of flats, and the court had no jurisdiction under s37 of the to appoint such a receiver. In the instant case, the claimants' application for an interim receiver would be dismissed as s21(6) of the 1987 Act specifically barred such an application being made to court.

Practice Areas

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