The right to manage—what are qualifying premises?
The right to manage—what are qualifying premises?

The following Property guidance note provides comprehensive and up to date legal information covering:

  • The right to manage—what are qualifying premises?
  • Structurally detached
  • Self-contained part of a building
  • Vertical division

Under Commonhold and Leasehold Reform Act 2002, s 71 (CLRA 2002), tenants can claim the right to manage the premises which contain their flats. To qualify, the premises must be a self-contained building or part of a building.

In Triplerose, the Court of Appeal decided that a single right to manage (RTM) company cannot exercise its right to manage over more than one set of premises. The right applies only to a single self-contained building (ie structurally detached) or part of a building.

Structurally detached

A self-contained building must be structurally detached from any other building. There is no statutory definition of structurally detached.

In Albion Residential v Albion Riverside Residents RTM Company [2014] UKUT 0006 (LC) the Upper Tribunal (UT) confirmed it was incorrect that as a matter of ordinary language, a building comprised only so much of a built structure as was visible above ground level. It was an issue of fact depending on the nature and degree of attachment between the building and other structures. It was true that in No.1 Deansgate (Residential) Ltd v No.1 Deansgate RTM Ltd [2013] UKUT 580 (LC), the UT dismissed an appeal based on the proposition (said to be derived from Lord Wilberforce’s dictum in Parsons—a case on the Leasehold Reform Act 1967) that any degree of connection between the building in question