[2024] UKUT 383 (LC)

Fecha: 04-Dic-2024

Conclusions

Conclusion

49.

In conclusion, the appeal fails. Neither of the roof voids has a floor and therefore neither is part of the internal floor area of the premises taken as a whole. The FTT’s decision was correct: the RTM company was entitled to acquire the right to manage. It is agreed that the date for that acquisition was wrongly said by the FTT to have been 23 November 2023 when in fact it was 24 July 2023; and the FTT’s order that the appellant pay the respondent’s costs of the FTT proceedings remains undisturbed.

Upper Tribunal Judge Elizabeth Cooke Mark Higgin FRICS FIRRV

4 December 2024

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.