The Mayor and Burgesses of the London Borough of Lambeth v Michaela Ann Kelly & Ors

72. This had not been an easy decision as the council’s failures to communicate with the leaseholders and its rather careless attitude to leasehold management have distracted from the main issue. On balance however, I have decided that the appeal must be allowed and unconditional dispensation from the requirements of section 20 of the 1985 Act is granted. 73. At the hearing Mr Fozlay said that the council did not propose to seek to recover its costs of the proceedings from the lessees and therefore the section 20C orders made by the FTT stand. Additionally, I make an order under section 20C of the 1985 Act in respect of the proceedings in the Upper Tribunal. Judge: Siobhan McGrath 17 November 2022 Right of appeal Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.