Case bulletin: One RTM Company - One Building - One Minute Read!

Triplerose Ltd v Ninety Broomfield Road

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 [2015] 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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Keywords: mixed use developments; right to manage; right to buy; right to extended lease; service charge issues; ownership structures.

Filed Under: Property

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