UTLC LANDLORD AND TENANT – right to manage – former institution in course of conversion – whether two-thirds of flats owned by qualifying tenants – numbers of flats – whether particular parts of buildings were flats – failure of LVT to address question – appeal allowed – case remitted – Commonhold and Leasehold Reform Act … Continue reading Stanhope Castle RTM Co Ltd, Re The Castle: UTLC 8 Feb 2010
LT LANDLORD AND TENANT – right to manage – whether part of a building a vertical division of the building – Commonhold and Leasehold Reform Act 2002 s 72. Citations: [2007] EWLands LRX – 138 – 2006 Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 72 Jurisdiction: England and Wales Landlord and Tenant Updated: … Continue reading London Rent Assessment Panel v Holding and Management (Solitaire) Ltd: LT 26 Oct 2007
Landlord and Tenant – Right To Manage – whether a building ‘structurally detached’ and therefore self-contained – whether the right to manage acquired – Commonhold and Leasehold Reform Act 2002, s. 72 Citations: [2018] UKUT 183 (LC) Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 72 Jurisdiction: England and Wales Landlord and Tenant Updated: … Continue reading CQN RTM Co Ltd v Broad Quay North Block Freehold and Another: UTLC 31 Jul 2018
UTLC LANDLORD AND TENANT – RIGHT TO MANAGE – whether counter-notice invalid -whether parts of building self-contained – shared water tanks, pumps and pipes – s. 72(3)(c) and s.84(2), Commonhold and Leasehold Reform Act 2002 – Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011- jurisdiction of LVT where no valid counter-notice served – … Continue reading St Stephens Mansions RTM Company Ltd and Another v Fairhold NW Ltd and Another: UTLC 4 Dec 2014
UTLC Landlord and tenant — right to manage — whether a building structurally detached and therefore self-contained — Commonhold and Leasehold Reform Act 2002 section 72 Judge Huskinson [2013] UKUT 580 (LC) Bailii Commonhold and Leasehold Reform Act 2002 72 England and Wales Landlord and Tenant Updated: 26 November 2021; Ref: scu.518809
UTLC LANDLORD AND TENANT – right to manage – service of notice of intention to participate on qualifying tenant – definition of qualifying tenant – ‘long lease’ and shared ownership lease – interpretation of s76(2) Commonhold and Leasehold Reform Act 2002 Citations: [2013] UKUT 81 (LC) Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 … Continue reading Corscombe Close Block 8 Rtm Co Ltd v Roseleb Ltd: UTLC 21 Feb 2013
LT LANDLORD AND TENANT – LVT procedure – Leasehold Valuation Tribunal (Procedure) (England) Regulations 2003 as amended Regulation 13 – Commonhold and Leasehold Reform Act 2002 Schedule 12 paragraph 10 – costs – whether a party to proceedings before an LVT acted ‘otherwise unreasonably’ under paragraph 10(2)(b) in exercising its right to request an oral … Continue reading Halliard Property Company Ltd v Belmont Hall and Elm Court RTM Company Ltd: LT 12 Dec 2008
Breaches of Lease, Section 168 2002 Act Decisions Citations: [2015] UKFTT RP – MAN – 30UD – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.627072
Note: ‘In accordance with the well established principles of stare decisis the decisions of a higher court are binding on judges sitting in a lower court. This principle serves the interests of legal certainty: see Broome v. Cassell and Co [1972] AC 1027 at 1054. The needs of litigants and their advisers to know where … Continue reading Howard De Walden Estates Ltd and Another v Aggio and others; Earl Cadogan and others v 26 Cadogan Square Ltd: CA 24 May 2007
LANDLORD AND TENANT – right to manage – buildings forming part only of an estate – flats with rights in common over parts of estate – appurtenant property – whether RTM company entitled to manage such parts – Commonhold and Leasehold Reform Act 2002 ss 79, 80, 96 and 97 – appeal dismissed Citations: [2011] … Continue reading Gala Unity Ltd v Ariadne Road Rtm Company Ltd: UTLC 25 Oct 2011
UTLC LANDLORD AND TENANT – Right to Manage – whether a single RTM company can exercise the right in respect of more than one set of premises – whether separate claim notices are required – whether qualifying conditions in section 72 of the Commonhold and Leasehold Reform Act 2002 must be met in respect of … Continue reading Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd: UTLC 28 Nov 2013
Section 72(1)(a) of the 2002 Act 2002, which set out that the right to manage provisions applies to premises if ‘they consisted of a self-contained building or part of a building, with or without appurtenant property’, which did not require that the appurtenant property should appertain exclusively to the self-contained building which was the subject … Continue reading Gala Unity Ltd v Ariadne Road RTM Company Ltd: CA 23 Oct 2012
FirstPort managed an estate of ten blocks of flats. The Second and other Respondents were leaseholders of flats in one of the blocks, ‘Settlers Court’, with rights to access the estate’s communal areas. FirstPort provided services on the estate, including maintenance of the communal areas, for which it was entitled to levy an estate service … Continue reading Firstport Property Services Ltd v Settlers Court RTM Company Ltd and Others: SC 12 Jan 2022
The question which arises in these appeals is whether an RTM company can acquire the management of more than one set of premises as defined in section 72 of the Act. Patten, Gloster LJJ, Sir David Keene [2015] EWCA Civ 282 Bailii Commonhold and Leasehold Reform Act 2002 England and Wales Landlord and Tenant Updated: … Continue reading Triplerose Ltd v Ninety Broomfield Road: CA 27 Mar 2015
UTLC LANDLORD AND TENANT – right to manage – whether a single RTM company can exercise the right in respect of more than one set of premises – held, it can – ss.72, 73(4) Commonhold and Leasehold Reform Act 2002 – appeal allowed [2014] UKUT 27 (LC) Bailii England and Wales Land Updated: 30 November … Continue reading Fencott Ltd v Lyttelton Court RTM Company Ltd: UTLC 28 Jan 2014
UTLC LANDLORD AND TENANT – right to manage – block of flats forming part of larger development – whether premises a self-contained building – whether structurally detached – appurtenant property – whether RTM acquired – whether point not taken in counter-notice may be relied on in opposition to RTM claim – Commonhold and Leasehold Reform … Continue reading Albion Residential Ltd v Albion Riverside Residents RTM Company Ltd: UTLC 14 Jan 2014
The House considered the basis of valuation on an acquisition of the freehold reversion of a lease under the 1967 Act of the three elements, the rent, vacant possession after the lease, and the marriage or hope value of the two interests when merged, and particularly the last. Held: In relation to a valuation under … Continue reading Earl Cadogan v Pitts and Wang; Similar: HL 10 Dec 2008
In each case all or part of a building was let by a head-lease and then as self-contained units under sub-leases. The head lessees had served notices under the 1993 Act requiring new leases. The freeholder denied that they were qualifying tenants, either because there were a number of flats, or because the lease included … Continue reading Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others: HL 25 Jun 2008
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