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The Court of Appeal has reversed the decision of the Upper Tribunal (Lands Chamber) in three cases Triplerose Ltd v Ninety BroomField Road RTM Co Ltd; Freehold Managers (Nominees) Ltd v Garner Court RTM Co Ltd; Proxima GR properties ltd v Holybrook RTM
Co Ltd  EWCA Civ 282- clarifying how ‘premises’ will be defined for the purpose of Common Leasehold Reform Act 2002, s72 in RTM regimes. References to 'the premises' or 'premises' or 'any premises' in other provisions of CLRA 2002
were references to a single self-contained building or part of the building. A single RTM company cannot exercise the right to manage more than one property.
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When a proposed mixed use development includes a residential element, a degree of caution should be exercised. A number of potential risks/issues arise. A number of these can, however, be avoided/reduced by careful ownership structuring at the outset.
This note details the most common pitfalls and risks and sets out (including detailed diagrams)
the best structures to minimize risk and safeguard viability in the most common scenarios. CLICK HERE FOR YOUR FREE DOWNLOAD!
Keywords: mixed use developments; right to manage; right to buy; right to extended lease; service charge issues; ownership structures.
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Melissa Moore is a dual qualified in England and Wales and South African lawyer and has 14 years’ experience in property practice in England. She has worked in local government and been a partner at a regional law firm and most recently an associate director at Berwin Leighton Paisner which she joined in 2005. Melissa has wide experience in all areas of property law and specializes in commercial real estate development. She has experience in a number of sectors including hotel, leisure, offices, investment, industrial, motorway service stations and funding. She has worked on large scale strategic developments and government funding initiatives, town centre regeneration schemes and private mixed use developments both for public sector and private developers and investment funds. In 2013 she was ranked by Legal 500 as recommended for local government work.
0330 161 1234