Case No. UKUT-27-(LC)-UTLC-Case-Numbers:-LC-2022-425

1.This is another appeal arising out of what the Court of Appeal called the “melancholy fact that whenever Parliament lays down a detailed procedure for exercising a statutory right, people get the procedure wrong” (Elim Court RTM Company Limited v Avon Freeholds Limited [2017] EWCA Civ 89, Lewison LJ at paragraph 1).2.The issue the Tribunal has to decide is whether the respondent company is entitled to acquire the right to manage Tudor Studios, a large block of student accommodation in Leicester, pursuant to Part 2 of the Commonhold and Leasehold Reform Act 2002 despite the fact that it failed to serve a claim notice on the appellant, A1 Properties (Sunderland) Limited, which is an intermediate landlord of parts of the building but has no management responsibilities.3.Mr Justin Bates and Mr Winston Jacob, both of counsel, represented the appellant and the RTM company respectively, and I am grateful to them both.