Decision Nº LC-2022-346. Upper Tribunal (Lands Chamber), 02-02-2023 , [2023] UKUT 26 (LC)
| Jurisdiction | UK Non-devolved |
| Judge | Mr Justice Edwin Johnson, President |
| Neutral Citation | [2023] UKUT 26 (LC) |
| Date | 02 February 2023 |
| Court | Upper Tribunal (Lands Chamber) |
| Judgement Number | LC-2022-346 |
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UPPER TRIBUNAL (LANDS CHAMBER)
UT Neutral citation number: [2023] UKUT 26 (LC) UTLC Case Numbers: LC-2022-346
Rolls Building, 7 Rolls Buildings, London EC4A 1NL
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
RIGHT TO MANAGE – COMMONHOLD AND LEASEHOLD REFORM ACT 2002 -
application of right to manage provisions to property comprising part of a terrace of properties
– meaning of part of a building in Section 72 of the Commonhold and Leasehold Reform Act
2002
IN THE MATTER OF AN APPEAL AGAINST A DECISION OF THE FIRST-TIER
TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
BETWEEN: ASSETHOLD LIMITED Appellant
-and-
EVELINE ROAD RTM COMPANY LIMITED
Respondent
Re: Flats A, B, C and D,
36 Eveline Road,
Mitcham,
CR4 3LE
Mr Justice Edwin Johnson, The President
Heard on 17th January 2023
Decision Date: 2nd February 2023
Justin Bates, instructed by Scott Cohen Solicitors, for the appellant
Stan Gallagher, instructed by Direct Access for the respondent
© CROWN COPYRIGHT 2023
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The following cases are referred to in this decision:
Ninety Broomfield Road RTM Co. Ltd v Triplerose Ltd [2015] EWCA Civ 282 [2016] 1 WLR 275
41-60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd [2011] EWCA Civ 185 [2011] 1
WLR 2425
Settlers Court RTM Co. Ltd v FirstPort Property Services Ltd [2022] UKSC 1 [2022] 1 WLR 519
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Assethold Ltd v Eveline Road RTM Company Ltd
...IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE UPPER TRIBUNAL (LANDS CHAMBER) MR JUSTICE EDWIN JOHNSON, THE PRESIDENT [2023] UKUT 26 (LC) Royal Courts of Justice Strand, London, WC2A 2LL Justin Bates and Katherine Traynor (instructed by Scott Cohen Solicitors) for the Stan Galla......