[2024] UKUT 109 (LC)

Case No: LC-2023-659

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

FTT REF: LON/00AJ/LRM/2023/0013

2 May 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

LANDLORD AND TENANT – Right to Manage – contiguous blocks sharing underground car park – whether a self-contained building – split freehold – whether a self-contained part of a building – inadequacy of evidence – ss. 72, 73 Commonhold and Leasehold Reform Act 2002 – appeal allowed – application remade and dismissed

BETWEEN:

GUV HARBOROUGH & SALTLEY HOUSE RTM

COMPANY LIMITED

Appellant

-and-

ADRIATIC LAND 3 LIMITED (1)

TRINITY (ESTATES) PROPERTY MANAGEMENT LIMITED (2)

NOTTING HILL GENESIS (3)

Respondents

Harborough House, Taywood Road, Northolt UB5 6GW (1)

Saltley House, Taywood Road, Northolt UB5 6GU (2)

Brecon House, Taywood Road, Northolt UB5 6GU (3)

Martin Rodger KC, Deputy Chamber President

2 April 2024

Carl Fain, instructed by Jobsons Solicitors, for the appellant

Robert Bowker, instructed by the second respondent’s legal department for the second respondent

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Albion Residential Ltd v Albion Riverside Residents RTM Co Ltd [2014] UKUT 6 (LC)

Assethold Ltd v Eveline Road RTM Co Ltd [2024] EWCA Civ 187

Consensus Business Group (Ground Rents) Ltd v Palgrave Gardens Freehold Ltd [2020] EWHC 920 (Ch); [2022] HLR 1

Triplerose Ltd v 90 Broomfield Road RTM Co Ltd [2015] EWCA Civ 282; [2016] 1 WLR 275