The Government brought in tenants’ right to manage residential flats to counter the frustration of flat owners who had spent large sums on their flats only to find they remained beholden to Landlords and their agents and budgets for day to day management.
Landlords have tried to counter applications for the right to manage in various ways. One principal way has been to challenge any right to manage company’s application to manage more than one self contained block of flats in a complex meaning any application to manage more than one block of flats on the same estate was unlawful.
This was nipped in the bud by the recent decision of The Upper Tribunal (Lands Chamber) in Ninety Broomfield Road RTM Co. Ltd. & Other linked cases .
The Judge said that there was in fact nothing in Section 72 of the Commonhold and Leasehold Reform Act 2002 to limit the number of blocks to which a right to manage application might relate.
This means that where a right to manage company wants to manage more than one block on an estate it can do so and does not have to serve separate notices and applications in relation to each block.
As usual this blog is posted out of general interest. It does not replace the need for proper legal advice in individual cases.