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Thu 19 Dec 2013

JPC Law - Right to Manage Update by Yashmin Mistry

JPC Law - Right to Manage Update by Yashmin Mistry

On the 17th October 2013, the Upper Tribunal (Lands Chamber) handed down a decision ([2013] UKUT 06006 (LC)), which clarifies that a Right to Manage company can acquire the right to mange over more than one building.  


The building must comply with the formality requirements of Section 72 Commonhold and Leasehold Reform Act 2002 (CLRA 02). The decision also provides for a RTM company and landlord or two RTM companies exercising the joint-right to manage shared property in respect of different buildings. 


Although the decision acknowledges that some Right to Manage companies may prefer to serve separate notices in respect of different buildings under section 79 CLRA 02, a single notice on multiple buildings will suffice. However, the notice of claim must be ‘sufficiently clear’ and meet section 80 CLRA 02 requirements. 


For more information,including details of the above mentioned formality requirements which must be complied with please click here for our newsletter or contact Yashmin Mistry of JPC Law



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