[2023] UKUT 220 (LC)

Royal Courts of Justice

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL

(PROPERTY CHAMBER)

LANDLORD AND TENANT – RIGHT TO MANAGE – costs – whether RTM company having issued proceedings against the appellant as landlord is estopped from denying that it is the landlord for the purposes of costs under section 88 of the Commonhold and Leasehold Reform Act 2002

BETWEEN:

ASSETHOLD LIMITED

Appellant

-and-

159-167 PRINCE OF WALES ROAD RTM COMPANY

LIMITED

Respondent

Re: 159-167 Prince of Wales Road,

London,

NW5 3PY

Upper Tribunal Judge Elizabeth Cooke

Determination by written representations

Decision Date: 12 September 2023

Mr Justin Bates for the appellant, instructed by Scott Chen Solicitors Limited

The respondent was not represented

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

Actionstrength Ltd v International Glass Engineering [2003] UKHL 17

Benedictus v Jalaram (1989) 58 P. & C.R. 330

Cobbe v Yeoman’s Row Management Ltd, [2008] UKHL 55

Dutton v Sneyd Bycars Co Ltd [1920] 1 KB 414

Lough's Property Management Limited v Robert Court RTM Company Limited [2019] UKUT 105 (LC)

Plintal SA v 36-48A Edgewood Drive RTM Co Ltd LRX/16/2007

1.