Thursday 7th October 2021
Second appeal. Eastern Pyramid Group Corporation SA (A) appeal the decision of the Upper Tribunal (Lands Chamber) dated 19 June 2020 dismissing an appeal from the decision of the First tier Tribunal Property Chamber (Residential Property) dated 30 October 2019.
On 18 March 2019 Spire House RTM Co Ltd served a first notice of claim to exercise a right to manage Spire House, a property in Lancaster Gate, with 23 residential flats, in accordance with s 79 of the Commonhold and Leasehold Reform Act 2002. Whether a notice to withdraw it by letter dated 17 June 2019 was valid ( as if not a second claim notice would not be valid). A asserts failure to serve the withdrawal notice on each qualifying tenant (s86 (2) (d) of the 2002 Act) until after service on the landlord renders it ineffective. Withdrawal notice served on tenants a day after service on landlord.
The FTT found the RTM Co had withdrawn the first notice to claim. The UT decided the requirement to serve qualifying tenants with the notice of withdrawal was not a condition precedent to the validity of the notice and upheld the FTT.