Case No. UKUT-26-(LC)-UTLC-Case-Numbers:-LC-2022-346

), as authority for the proposition that an RTM claim did not have to be made in relation to the smallest part of a building which constituted a set of Qualifying Premises within the relevant building, but could be made in relation to a part of a building which (i) constituted a set of Qualifying Premises but (ii) also contained, within that part, a smaller set of premises or smaller sets of premises which also constituted Qualifying Premises.20.In the FTT Decision, as I have said, the FTT decided that the RTM Company was entitled to acquire and had acquired the right to manage the Property. The essential reasoning of the FTT can be summarised in the following terms: (1)The FTT determined that the Property comprised a single building for the purposes of the 2002 Act (paragraph 7).(2)The FTT expressed themselves satisfied that the RTM Company had complied with the statutory requirements for making a right to manage claim (paragraph 8).(3)The FTT then set out Section 72 (paragraph 9).(4)The FTT then stated that they accepted that the Property had initially comprised two terraced houses. The FTT recorded that no evidence had been provided by the parties to show the extent of the structural detachment of the Property from the adjacent properties but, since the grant of planning permission the Property had been known by the single address of 36 Eveline Road, and was therefore a single building (paragraph 10).(5)The FTT then made a finding that Assethold had consistently treated the Property as one building in the obtaining of insurance. Further, Assethold had treated the Property as a single building for the purpose of obtaining of services and, when making demands for the payment of service charges, at the rate of 25% per Flat, had treated the Property as a single building (paragraph 11).(6)The FTT found that Assethold had consistently treated the Property as a single building with a single address, and that the Property differed significantly in character from blocks of flats on an estate, which were characterised as separate buildings for the purposes of the 2002 Act (paragraph 12). (7)The FTT concluded by finding that the RTM Company had satisfied them that it was entitled to acquire the right to manage the Property (paragraph 13).