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Right to manage still extends across shared estate, despite practical difficulties (FirstPort Property Services v Settlers Company RTM Limited)

Right to manage still extends across shared estate, despite practical difficulties (FirstPort Property Services v Settlers Company RTM Limited)
Published on: 19 August 2019
Published by: LexisPSL
  • Right to manage still extends across shared estate, despite practical difficulties (FirstPort Property Services v Settlers Company RTM Limited)
  • What are the key take-aways for property practitioners from this decision?
  • What are the facts of the case?
  • What did the Upper Tribunal decide? What ruling did the Upper Tribunal make on the submission that Gala Unity was wrongly decided?
  • What ruling did the Upper Tribunal make about the freeholder’s counter-notice?
  • What are the Law Commission’s proposals for reform in this field?

Article summary

Property analysis: A right to manage (RTM) company succeeded in its claim in the First-tier Tribunal (FTT) that the tenants of a block of flats which was part of a larger estate no longer had to pay an estate charge to the management company of the estate because the RTM company had already acquired the right to manage the estate as appurtenant property. The freeholder appealed to the Upper Tribunal and unsuccessfully sought to persuade it that the 2012 Court of Appeal Gala Unity decision on this point was wrong. Jonathan Upton of Tanfield Chambers comments on what lessons can be learned from this case for property practitioners. or take a trial to read the full analysis.

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