LVT/0027/09/14: 1-46 Viceroy Court, Soudrey Way, Cardiff
| Jurisdiction | England & Wales |
| Applied Rules | Commonhold and Leasehold Reform Act 2002 - Right to Manage |
| Date | 21 April 2015 |
| Year | 2015 |
| Subject Matter | Section 84(3) |
| Court | Leasehold Valuation Tribunals |
| Judgement Number | LVT/0027/09/14 |
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Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
LEASEHOLD VALUATION TRIBUNAL
Reference: LVT/0027/09/14
In the matter of numbers 1 to 46 Viceroy Court, Soudrey Way, Butetown, Cardiff, CF10 5FW
In the matter of an application under Section 84(3) of the Commonhold and Leasehold Reform Act
2002
TRIBUNAL Mr. Timothy Walsh (Chairman)
Mr. Kerry Watkins (Surveyor)
APPLICANT Viceroy Court (Soudrey Way) RTM Company Limited
RESPONDENTS (1) Fairhold (Yorkshire) Limited
(2) Peverel Property Management
REASONS FOR THE DECISION OF THE LEASEHOLD VALUATION TRIBUNAL
The Decision in Summary
1. For the reasons given below the Tribunal has reached the conclusion that the Applicant was
not, on the relevant date (namely 6 August 2014), entitled to acquire the right to manage
the material premises. Accordingly, this application is dismissed.
2. The Applicant shall pay the Respondents’ reasonable costs of these proceedings which shall,
in default of agreement, be the subject of further determination by the Leasehold Valuation
Tribunal.
Representation
3. The hearing of this application was on 18 February 2015. At the hearing the Applicant was
represented by Mr. Nick Rich of Warwick Estate Property Management.
4. The Respondents were represented by Ms. Annette Cafferkey of Counsel.
The Application
5. By an A pplication Form dated 15 September 2014 (received by this Tribunal on 16
September 2014 – “the Application”) the Applicant, Viceroy C ourt (Soudrey Way) RTM
determination that it was “on the relevant date” entitled to acquire the right to manage the
material premises. For these purposes, the “relevant date” is defined in section 79(1) of the
the Claim Notices were dated 6 August 2014.
6. The material premises are defined in the Application as numbers 1 to 46 Viceroy Court,
Soudrey Way, Butetown, Cardiff, CF10 5FW (hereafter collectively “the Premises”).
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7. The landlord and registered owner of the freehold reversion to the Premises is Fairhold
(Yorkshire) Limited. The landlord is the First Respondent to this Application.
8. Peverel Property Management is named in the Application as the manager and it served a
Counter-Notice (as to which see below) albeit on behalf of OM Property Management
Limited. Peverel/OM Property Management are the Second Respondent. At the hearing we
were supplied with a sample lease. The lease provided was for Plot 59 (which was
apparently later renamed as number 1 Soudrey Way). Peverel OM Limited is named as the
manager in that lease. No issue was taken by the parties as to the correct identity of the
manager for the purposes of the Application.
The Statutory Scheme
9. The statutory scheme for acquisition of the Right to Manage is to be found in Chapter 1 of
Part 2 to the 2002 Act and in sections 71 to 88 i n particular. The jurisdiction of the LVT to
make a determination under section 84(3) depends upon the status of the Applicant as an
(a) a private company limited by guarantee where (b) its articles of association state that its
object, or one of its objects, is the a cquisition and exercise of the right to manage the
material premises.
10. Only the salient parts of the Act relevant to the issues taken by the Respondents are set out
here.
11. Section 72 of the Act defines the Premises to whi ch Chapter 1 of Part 2 applies in the
following terms:
72 Premises to which Chapter applies
(1) This Chapter applies to premises if—
(a) they consist of a self-contained building or part of a building, with or wi thout
appurtenant property,
(b) they contain two or more flats held by qualifying tenants, and
(c) the total number of flats held by such tenants is not l ess than two -thirds of the total
number of flats contained in the premises.
(2) A building is a self-contained building if it is structurally detached.
(3) A part of a building is a self-contained part of the building if—
(a) it constitutes a vertical division of the building,
(b) the structure of the building is such that it could be redeveloped independently of
the rest of the building, and
(c) subsection (4) applies in relation to it.
(4) This subsection applies in relation to a part of a building if the relevant services
provided for occupiers of it—
(a) are provided independently of the relevant services provided for occupiers of the rest
of the building, or
(b) could be so provided without involving the carrying out of works likely to result in a
significant interruption in the provision of any relevant serv ices for occupiers of the rest o f
the building.
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