The Upper Tribunal has recently considered several questions in respect of leaseholders pursuing Right to Manage of more than one self contained building. Four co-joined cases were considered and the following has been held:-
- Leaseholders whose flats are contained within an estate which contains more than one self-contained building can pursue the Right to Manage with a single Right to Manage Company in respect of more than one self-contained building.
- A single Claim Notice can be utilised to cover more than one self-contained building. The Notice must clearly establish that each building qualifies under the relevant criteria and its contents must carefully and clearly establish eligibility in respect of each building and comply with the relevant requirements.
- If the Right to Manage Company should prefer to serve separate Notices, then it can do so
The RTM legislation is not without difficulty when considering RTM of an estate and the decision provides guidance on what has otherwise been an area fraught with difficulty and conflicting opinion.