Gala Unity Ltd v Ariadne Road RTM Company Ltd: CA 23 Oct 2012

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 of the claim to acquire the right to manage.

Arden, Sullivan, Patten LJJ
[2012] EWCA Civ 1372, [2013] 1 WLR 988, [2012] 3 EGLR 79, [2012] 44 EG 9, [2013] L and TR 5, [2013] HLR 3, [2012] 44 EG 94, [2012] WLR(D) 307, [2012] 50 EG 105
Bailii, WLRD
Commonhold and Leasehold Reform Act 2002
England and Wales
Cited by:
QuestionedFirstport Property Services Ltd v Settlers Court Company RTM Ltd and Others UTLC 12-Aug-2019
Landlord and Tenant – Right To Manage – whether Gala Unity v Ariadne Road RTM Co Ltd decided per incuriam – appurtenant property – extent of management rights on acquisition. . .
OverruledFirstport Property Services Ltd v Settlers Court RTM Company Ltd and Others SC 12-Jan-2022
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 . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 15 January 2022; Ref: scu.465110