Weather boarding connection did not prevent Flats from being “self contained” to qualify for Right to Manage

Not all buildings qualify for the right to manage. Under Section 72 of the Commonhold and Leasehold Reform Act 2002. They must be “self contained” which is defined to include them being structurally detached.

For the purposes of the Leasehold Reform Act 1967 this expression was defined by the House of Lords, in Parsons v Gage (Trustees of Henry Smith’s Charity) [1974], to mean detached from any other structure.

No.1 Deansgate (Residential) Ltd v No.1 Deansgate RTM Co Ltd [2013] the flats were 14 in number arranged over commercial units. Adjoining buildings were constructed later and connected to the flats by weather boarding to prevent water getting in.

Had the Leasehold Reform Act interpretation of structurally detached been applied the flats would not have qualified for the right to manage.

However the court said that interpretation did not apply to the right to manage.
The test for the right to manage was whether the buildings were connected by structural means. They were not as the block had remained self contained and derived no structural support from it’s later neighbours.

As usual this blog is posted out of general interest. It does not replace the need for proper legal advice in individual cases.