Case No. UKUT-62-(LC)

1.This is another appeal in which the issue is whether a failure to comply with the procedure for acquiring the right to manage under the Commonhold and Leasehold Reform Act 2002 has the effect that the right has not been acquired by an RTM company.2.Two procedural defects are relied on in this case. The first is that, before making its claim, the RTM company did not serve notices on some of the qualifying tenants inviting them to participate in the acquisition by becoming members of the company, contrary to section 78(1) of the Act. The second is that the claim notice omitted the names of some of those who were both qualifying tenants of a flat in the premises and members of the RTM company, contrary to s.80(3) of the Act.3.In a decision issued on 10 August 2022, the First-tier Tribunal (Property Chamber) (the FTT) decided that neither defect was sufficiently serious to prevent acquisition of the right to manage. It subsequently granted permission to appeal that decision.4.At the hearing of the appeal the appellant, which is the owner of the freehold of Wick Hall in Hove and the immediate landlord of the qualifying tenants, was represented by Mr Paul Letman. Wick Hall (Hove) RTM Company Ltd, the respondent, was represented by Mr Dudley Joiner of RTMF Services Ltd, a company which specialises in assisting leaseholders to acquire the right to manage and which has been acting for the participating leaseholders in this case.