McCarthy & Stone Management Services — tribunal record

“the Tribunal finds that the means of keeping the Respondents informed verbally through coffee mornings is appropriate but insufficient.”

“On 17 January the Tribunal directed the Applicant to serve the directions and the application on the Respondents. The Applicant failed to do that and applied for further directions with revised dates.”

“Whilst I have seen the quote for the work I have not seen any report from the engineer who attended setting out what is required save for the "S. R. Worksheet" [37] which has little information. I would have expected some document to explain what was required and why, explaining that parts were no longer available and so replacement was required.”

“The application refers to letters sent to the leaseholders at the time of the incident but I have not seen the same.”

“At this stage I can say little more as there is no explanation within the papers to this application as to why this is the route chosen.”

“the statement in that letter that 'the repair will be completed under a special dispensation due to the urgency of the matter' is misleading, possibly disingenuous, insofar as it gave the impression that dispensation had been granted or is automatic”

“Sadly, the flat owners may have become further prejudiced by the time taken by McCarthy and Stone to properly make its application to the Tribunal, for which there can be no reasonable excuse.”

“the works were begun and completed without proper consultation or any real time allowed for the flat owners to seek independent advice, explore alternative options, or nominate alternative contractors. It is noted that McCarthy and Stone refers to 'two quotations obtained' but neither quotation was provided to form part of the application and no further detail made available other than a statement that 'the cheapest was accepted'.”