First-tier Tribunal success for Williams Court

First-tier Tribunal

Having previously been unsuccessful with an earlier Right to Manage application the residents of Williams Court became one of the growing number of estates that approach the RTMF to secure their Right to Manage.

Despite their failed attempt the RTMF believed that Right to Manage was achievable, and agreed to act on behalf of the Williams Court flat owners, on a fixed cost basis.

On the 6 February 2014 the RTMF issued two Claim Notices on the landlord Fairhold, one for each of the two self-contained blocks that make up the small estate of 14 units, each clearly identifying the subject block.

On receipt of two counter-notices, the RTMF with the full support of the RTM company made an application to the First-tier Tribunal for determination that it was entitled to acquire the right to manage the premises.

The Tribunal found in its decision of 21 January 2015 that the two Claim Notices were perfectly clear, concluding that a Claim Notice need not specify whether the premises include appurtenant property, following the decisions in both the Gala Unity and Pineview cases.

The Tribunal also found it clear that as the law stands a single Right to Manage company can seek, and acquire the Right to Manage more than one self-contained building.

Whilst the Respondent, Fairhold appeared to accept the decisions in favour of one Right to Manage company it focussed its attention on delaying proceedings by seeking a stay of proceedings pending the Court of Appeal decision on Ninety Broomfield Road.

The First-tier Tribunal commented “that Right to Manage was introduced by Parliament to empower tenants and not to make their lives more difficult”.

The RTMF look forward to working with, and supporting the Right to Manage company whilst they seek independent, neutral and impartial managing agents, now that they have a direct choice over the property manager in the premises where they live.


Other Posts