Basement Car Parks and Right to Manage
It is not uncommon for blocks of flats to have an under-croft or basement area to be utilised as car parking, usually for residents but sometimes for the general public. In most cases the basement will extend to the footprint of the building but in some blocks the basement may extend beyond the footprint and […]
Supreme Court Redefines Appurtenant Property for RTM Company
In an important decision for RTM companies and following years of criticism and challenges to the Court of Appeal Decision in Gala Unity, The Supreme Court has handed down its decision in the case of Firstport Property Services Ltd v Settlers Court RTM Company Limited [2022] UKSC 1. In the judgment five Law Lords unanimously decided […]
Elim Court escapes the nest of vipers
After almost 7 years, it is finally over! The longest running Right To Manage case in history and the first to get to the Supreme Court has finally been dumped into Room 101. On 18th July 2017 three Lord Justices in the country’s highest court rejected the landlord’s appeal and last ditch attempt to block […]
Obstructive landlords continue to exploit Triplerose
In 2014 a previous RTM Claim by Viceroy leaseholders failed due to procedural errors in the requisite notices. At an LVT hearing in Cardiff in 2015, following an inspection of the building, the Tribunal determined it was “incontrovertibly the case that the 46 flat block that is Viceroy Court is a self-contained structurally detached building” […]
RTMF’s Triplerose recommendation is vindicated
In the controversial case of Triplerose Ltd v 90 Broomfield Road RTM Company Limited [2015] the Court of appeal determined that an RTM company can only manage one premises or building. This reversed the decisions consistently given by tribunal´s since RTM was introduced and called into question the legal status of pre-existing RTM companies managing […]
RTMF offer help following Triplerose
Following the Court of Appeal decision in Triplerose Ltd v Ninety Broomfield Road RTM Co Ltd in 2015, RTMF offer help after gaining evidence that some landlords are now threatening enforcement action to prevent RTM companies continuing to manage multiple block estates. The RTMF has devised a legal strategy to enable leaseholders to safeguard their […]
Five RTM companies for five distinct blocks
On 21 May 2014 Woodside Court RTM Company served a Claim Notice on the landlord, Meridian Retirement Housing Services. The landlord subsequently issued a Counter-Notice contesting the claim citing a number of grounds, including that the premises do not comply with the Act. It was at this point that the Right to Manage Company turned […]
Landlords must consider ‘proportionality’ before incurring costs
In an astonishing RTM costs case, Genesis Housing has had its legal costs slashed from a staggering £27,400 to just £1,937. On 10 April 2014 Park Lodge (Billericay) RTM Company served a Claim Notice on the landlord, Genesis Housing Association. The claim was not contested and on 16th May 2014 their solicitors issued a Counter-Notice […]
Landlord ordered to pay RTM company its costs.
A bad day at the office for Proxima GR as the Tribunal determines that it has acted unreasonably in the conduct of its defence to valid Right to Manage claim, awarding the RTM company its costs. When eight of the nine leaseholders of Angel Court Block B approached the RTMF to exercise their Right to […]
Third time’s a charm for Right To Manage Company
After two previous failed Notices of Claim the members of Green Moor Heights Right To Manage Company turned to the RTMF for assistance to achieve the Right to Manage of their twenty five unit purpose built apartment block. In June 2013 the leaseholders of Green Moor Heights, Sheffield acquired an off the shelf company with […]