Alma Property Management Ltd (claimant/appellant) v Crompton and anr (defendants/respondents)
Wednesday 28 – Thursday 29 June 2023
By appellant’s notice filed on 25 November 2022, the Claimant/Appellant appeals with the part permission of Mr Justice Fancourt his orders of 28 October and 2 November 2022, whereby he dismissed the Claimant’s claim, declared that the Defendants are entitled to assign the lease of the common parts of the Building to North Tower Residents Management Limited without the consent of the Claimant and made consequential costs orders.
The Claimant is the freeholder of the building known as North Tower, Victoria Bridge Street, Salford (“the Building”). The Claimant claimed specific performance of the Defendant lessees’ repairing obligations under a lease of the common parts of the Building. The Defendants were receivers of the Building appointed in 2011 by the Lender under a charge granted by the Claimant in 2005. The lease was vested in the Defendants until 2013. The charge and receivership were discharged in 2016, but the lease remains vested in the Defendants. The issues relate to whether the Claimant is estopped from contending that the Defendants are liable to carry out the works, whether the Defendants were acting as agents of the Claimant when the lease vested in them in 2013 and are entitled to be indemnified by the Claimant and whether the Claimant unreasonably imposed a condition when granting the Defendants licence in November 2020 to assign the lease to a residential tenants’ management company.
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