Avon Freeholds Ltd (appellant) v Cresta Court E RTM Company Ltd (respondent)

Thursday 19 June 2025

By Appellant’s Notice filed on 19 December 2024, the Appellant (Appellant below) Avon Freeholds Limited, seeks to appeal the decision of Judge Elizabeth Cooke, sitting as a Judge of the Upper Tribunal (Lands Chamber), judgment being delivered on 28 October 2024, whereby she upheld the decison of the First Tier Tribunal.

The property concerned is a self-contained part of a building. By a claim notice dated 21 January 2022 the respondent gave notice to the appellant, the freeholder of the building, that it intended to acquire the right to manage the property. The appellant gave a counter-notice on 24 February 2022 contesting the respondent’s
entitlement, and on 16 March 2022 the respondent made an application to the First Tier Tribunal (Lands Chamber). In the FTT the appellant challenged the claim notice on the basis that no notice of invitation to participate had been given to the leaseholder of one of the flats, that she was a qualifying tenant and entitled to receive that notice, and that the failure to serve meant that the claim notice was invalid.

View hearing:

Part 1

Part 2