Upper Tribunal Lands Chamber
Case No. UKUT-26-(LC)-UTLC-Case-Numbers:-LC-2022-346
Fecha: 17-Ene-2023
“the Terrace”
). At each end of the Terrace there is a gap between the end of the Terrace and the neighbouring building, so that the Terrace, taken as a whole, is structurally detached from the neighbouring buildings. The last property on the western end of the Terrace appears to be numbered 46. 8.The Property now comprises the four flats referred to above. There are two adjacent ground floor flats (A and C), and two first and second floor maisonettes above (B and D). Flats A and C each have an area of yard or garden immediately to their rear. Beyond that there are further areas of garden which are demised with, or at least enjoyed with, respectively, each of Flats B and D. Access to these areas of rear garden is obtained by a side gate from the path leading down the east side of the Property.9.A photograph of the front of the Property which I have seen demonstrates that the Property has the appearance of a pair of semi-detached houses, with each house having different external decoration. This division is maintained through the remainder of the Property, in the sense that, on the western side, there is a Flat A, with Flat B above, while on the eastern side there is Flat C, with Flat D above. It is convenient to refer to these two parts of the Property, collectively, as
- © CROWN COPYRIGHT 2023
- Introduction
- “the Property”
- “the 2002 Act”
- “the FTT”
- “Assethold”
- “the RTM Company”
- “the FTT Decision”
- “the Terrace”
- “the Parts”
- “the Western Part”
- Section 72
- “Qualifying Premises”
- EVELINE ROAD RTM COMPANY LIMITED
- Flat 5 Briar Court, 440 London Road, London, SM3 8JE
- the premises known as the building or part of a building containing Flats A, B, C & D at 36 Eveline Road, Mitcham CR4 3LE
- “the RTM Application”
- “Broomfield”
- “Craftrule”
- The issues in the appeal and cross appeal
- “the 1993 Act”
- “Number 38”
- “the Self-Contained Part Question”
- Should the FTT Decision be set aside?
- The Self-Contained Part Question – discussion
- The President
- Right of appeal