© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
In a landmark ruling, the Upper Tribunal (Lands Chamber) has decided that the Right to Manage (RTM) can be exercised by a single RTM company in respect of more than one self-contained building, and this may be exercised by a single claim notice.
The case concerned conjoined appeals from four groups of blocks of flats: Ninety Broomfield Road, Garner Court, Holybrook and Apperley Way. In each case, the flat owners had formed an RTM company but had been prevented from acquiring the right to manage.
Significantly, the judgement was given by Siobhan McGrath, Chamber President of the First-tier Tribunal who was sitting as a Judge of the Upper Tribunal (Lands Chamber).
Giving a purposeful interpretation to Section 72 of the Commonhold and Leasehold Reform Act 2002, she said: “...The section does not limit the number of self-contained buildings or parts of buildings to which the right will apply. Its purpose is to define self-containment.”
Justin Bates, on behalf of three of the freeholders had argued that it was significant that the legislation included “a” before the words “self-contained building”, but that emphasis was rejected by Judge McGrath.
The case gives much needed clarity to the legislation and may encourage more blocks to pursue Right to Manage claims.