A UK Supreme Court Ruling has today significantly narrowed the grounds on which landlords can object to leaseholders exercising their statutory right to manage. It removes one of the most commonly used weapons in the obstructive landlord’s arsenal.
RTMF acted for the leaseholders in Avon Freeholds Limited v Cresta Court E RTM Co Ltd [2026] UKSC 31.
The decision should make it easier for millions of leaseholders across England and Wales to break their landlord’s management monopoly and take control of their buildings.
What the Supreme Court ruling decided
For the last 20 years, obstructive landlords have been able to sabotage genuine Right to Manage claims by exploiting procedural failures that caused them no prejudice whatsoever and had no adverse consequence for anyone.
The Supreme Court has now ruled that only those actually affected by a procedural failure can complain about it — and that in any event, such a failure does not invalidate a qualifying RTM claim.
The point at issue was the Notice Inviting Participation, or NIP.
Until now, a failure to serve a NIP on a single leaseholder — even one out of hundreds, and even where that leaseholder had no objection at all — could be fatal to an entire claim.
“The first thing landlords request when receiving an RTM Claim is proof that all leaseholders have been sent Notices Inviting Participation (NIPs). Until now a failure to send a NIP to just one leaseholder out of hundreds was deemed fatal to the claim. This Decision changes that and massively reduces the arsenal available to obstructive landlords.”
Dudley Joiner, Founder, RTMF
What this means for leaseholders
There are estimated to be over 4 million leaseholders in England and Wales, many of them suffering high charges and poor services from exploitative landlords.
This ruling should:
- Restore confidence in the RTM process, which has been undermined by the risk that a minor administrative slip could sink an otherwise valid claim
- Reduce delays and costs for leaseholders pursuing their statutory right
- Free up tribunal capacity by removing thousands of cases from backlogged tribunals that have previously had to adjudicate these inconsequential disputes, leaving more time for serious issues
RTMF's role in the case
Dudley Joiner and his team at RTMF conducted the RTM claim for the Cresta Court leaseholders, instructing barristers Winston Jacob and Christian Fox on their behalf.
RTMF has now acquired the Right to Manage for around 1,600 buildings.
The Right to Manage was introduced under the [Commonhold & Leasehold Reform Act 2002] and lets leaseholders in qualifying buildings take over management from their landlord without proving fault or paying compensation.
This ruling makes the path to taking control of your building clearer than it has been in two decades. Talk to RTMF about whether your building qualifies or get a no obligation quote here.
The full judgment in Avon Freeholds Limited v Cresta Court E RTM Company Limited [2026] UKSC 31 is available on the UK Supreme Court website.