Manaquel Company Limited v London Borough of Lambeth

Facts

The appellant, Manaquel Company Limited, is the registered freehold proprietor of Dorchester Court, Herne Hill, an Art Deco estate of eight Grade II-listed blocks containing 96 flats, 73 of which were let on assured shorthold tenancies. The respondent, the London Borough of Lambeth, is the local housing authority for the area. Following complaints from residents about heating during the winter of 2020/21 and inspections carried out between March and June 2021, Lambeth served an improvement notice on 20 October 2021 under Part 1 of the Housing Act 2004, identifying Category 1 hazards of excess cold and hot surfaces and materials, and a Category 2 hazard of excess heat, and specifying 23 remedial actions including the installation of replica double-glazed Crittall windows. Manaquel appealed to the First-tier Tribunal (Property Chamber) two weeks later, relying on works already done or in hand and on a pending application for planning consent to redevelop the estate. After a two-day hearing, the FTT quashed the notice in its entirety on 17 November 2023. Manaquel then applied under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 for its costs of more than £145,000. By a decision handed down on 16 May 2024 the FTT held that Lambeth had not acted unreasonably and refused the application. The FTT granted permission to appeal.