[2024] UKUT 335 (LC)

This appeal raises two interesting questions about the acquisition of the right to manage under Part 2, Chapter 1, of the Commonhold and Leasehold Reform Act 2002. First, is the lessee under a newly granted long lease, not yet registered at HM Land Registry and therefore effective in equity but not at law, a qualifying tenant? Second, if so, does the failure to serve such a lessee with a notice of invitation to participate invalidate a claim notice served by the RTM company?

The appellant freeholder was represented by Mr Justin Bates KC and Ms Sophie Gibson, and the respondent by Mr Winston Jacob, and I am grateful to them all.

The appeal was heard in June 2024. After the hearing I suggested to counsel that it would be appropriate to wait for the Supreme Court’s decision in an appeal that had been heard in February 2024 and was likely to be very pertinent to at least one of the issues in the appeal and to cast light on the authorities discussed. It was agreed that I would wait for that decision to be published, and that the parties would then have the opportunity to make written submissions about it. A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] 3 WLR 601 UKSC 27 (“A1 (Sunderland)”) was handed down on 16 August 2024, and the last of the parties’ written representations was received by the Tribunal on 27 September. I am most grateful to counsel for agreeing to that process.