FTT – KEW/KEX Water Ingress Update 26 March 2018

These documents have been distributed by Mainstay Residential Ltd.  They relate to applications made to the FTT Tribunal with regard to the  pilot investigation and repair works to Core 6.

The statement issued by Mainstay is shown indented in blue font below .
This is followed by links to the 6 documents related to the applications. Click on a link to view a document in a separate page.

Re – KEW/KEX Water Ingress Update – FTT

 On behalf of the management companies, KEW Phase One RTM Company Ltd and KEW Phase Two RTM Company Ltd, we write in connection with the ongoing water ingress issues at King Edwards Wharf, Birmingham.

 As you are hopefully aware, the management companies are in the process arranging a “pilot” project of investigation and repair works for Core 6, the results of which will inform a wider scheme of repair work across the remainder of both Phases One and Two.

 In order that this work can be carried out as soon as possible, the management companies have made two applications to the Tribunal – firstly to dispense with leaseholder consultation requirements for the “pilot” project and secondly to obtain the Tribunal’s approval for the anticipated costs of the works as being reasonable.  These steps were discussed at the leaseholder meeting held on 20 February 2018.

 Please find enclosed copies of the following documents:-

 (a)        Application Form for the s.20ZA application;

(b)        Application Form for the s.27A application;

(c)        Applicants’ Application;

(d)        Witness Statement of Kevin Goodchild;

(e)        Witness Statement of Martin Vickery; and

(f)        The Tribunal’s Directions.

 The Tribunal has not required us to serve copies of the two previous Tribunal decisions or the specimen lease which were provided to the Tribunal with the applications, however copies of these are available on request.

 Your attention is drawn in particular to paragraphs 6, 7 and 8 of the enclosed Tribunal’s Directions.  Any leaseholder opposing either application or both applications needs to notify the Tribunal in writing with brief reasons by 12 April 2018, and at the same time send a copy to the Applicants’ solicitors being DWF LLP of One Snowhill, Snow Hill Queensway, Birmingham, B4 6GA (ref: MKG/2017785-2).

 If you have any queries in relation to this please contact our Regional Support Team on 0121 667 3500 or alternatively via email at buildingcommunities@mainstaygroup.co.uk

Yours sincerely,                  

Rebecca Whitehead
Property Services Manager

Related Document Links:

Application Form s. 20ZA – dated 8 March 2018(59447197_1)

Application Form s. 27A – dated 16 March 2018(59627594_1)

Applicants_ Application dated 7 March 2018(59447127_1)

Witness Statement of Kevin Goodchild – dated 7 March 2018(59447176_1)

Witness Statement of Martin Vicary – 7 March 2018(59447167_1)

Directions dated 21 March 2018(59722892_1)