Claimant Successfully Acquires Right to Manage Property

OUTCOME: Allowed

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Case Reference : LON/00BG/LRM/2024/0022 Property : 87-89 [ADDRESS] [POSTCODE] Applicants : [redacted] : [COMPANY] Respondent : [redacted] : [RESPONDENT] of Application : Application in relation to the denial of the Right to Manage Tribunal Members : Judge S Brilliant Ms M Krisko FRICS

Date and Venue

: 02 [ADDRESS] [POSTCODE] Date of decision : 03 December 2024

DECISION

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1. By a claim notice dated 30 April 2024, the applicant [COMPANY] made a claim to the respondent landlord that it was entitled to acquire the right to manage 87- 89 [ADDRESS] [POSTCODE] (“the premises”).

2. The premises consist of seven [NAME] above a shop.

3. By a counternotice dated 11 June 2024, the respondent landlord denied the applicant had established the right to manage.

4. Three grounds of objection were given. The first objection 5. The first objection was that the internal floor area of the non-residential part of the premises exceeded 25% of the internal floor area of the premises taken as a whole: see s.72(6) and schedule 6 to the Commonhold and Leasehold Reform Act 2002 (the Act”). The second objection 6. The second objection was that the notice of invitation to participate was not given to each person as required by s.78(1) of the Act.

7. Section 78(1) of the Act provides: Before making a claim to acquire the right to manage any premises, a [COMPANY] must give notice to each person who at the time when the notice is given— (a) is the qualifying tenant of a flat contained in the premises, but (b) neither is nor has agreed to become a member of the [COMPANY]. The third objection 8. The third objection was that the notice of invitation to participate was not given in time to each person as required by s.79(2) of the Act.

9. Section 79(2) of the Act provides: The claim notice may not be given unless each person required to be given a notice of invitation to participate has been given such a notice at least 14 days before. Directions

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10. On 14 August 2024, [NAME] [NAME] [NAME] gave directions and ordered that the matter be dealt with without an oral hearing.

11. On 21 November 2024, Judge Tagliavini debarred the respondent from playing any further role in these proceedings because of persistent and serious breaches of the directions given.

12. We turn to each of the objections. The first objection 13. It was wholly disingenuous for the respondent to have persisted with this objection after it had obtained a surveyor’s report in July 2024. This report showed that the non-residential part was 13.34% of the whole. This objection fails. The second and third objections 14. Of the seven qualifying tenants, the [NAME] were the only ones not to be, or intending to be, members of the [COMPANY]. Notice of intention to participate was given to the [NAME] a month before the claim notice. These objections fail. Conclusion 15. The respondent’s case was wholly without merit. The application fees must be reimbursed. Name: Judge Simon Brilliant Date: 03 December 2024

Appendix: Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Subject property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have.

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If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case.

The application for permission to appeal must arrive at the regional office within 28 days after the Tribunal sends written reasons for the decision to the person making the application.

If the application is not made within the 28 day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit.

The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the subject property and the case number), state the grounds of appeal and state the result the party making the application is seeking.

If the Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).