Assethold Ltd (appellant) v Eveline Road RTM Company Ltd (respondent)

Tuesday 27 February 2024

By Appellants’ Notice filed on 31 March 2023, the Appellant appeals the decision dated 3 March 2023 of the Upper Tribunal (Lands Chamber) (UT) which was itself an appeal and cross appeal from the decision of the First Tier Tribunal (FTT).

The dispute relates to a property (“the Property”) which comprises four flats, each of which is let on a long lease. The Appellant is the freehold owner of the Property. The Respondent is a company formed to acquire the right to manage (“RTM”) the Property.

The matter came before the FTT to decide the issue of whether the Respondent qualifies as an RTM Company within the meaning of RTM provisions in the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”), and in particular whether the Property was a Qualifying Premises under the 2002 Act. The FTT decided in favour of the Respondent.

The matter was then appealed to the UT. The UT found that the FTT had based its decision on the incorrect finding that the Property constituted a single building and set aside its decision. The UT found that the Property was part of the building that constituted the terrace. It then went on to consider the question of whether the Property was a Qualifying Premises.

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