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The grounds of appeal
The grounds of appeal
The FTT was asked to grant permission to appeal on two issues only namely:
whether the premises over which the right to manage is claimed consist of a self-contained building within the meaning of section 72(1)(a); and
whether Brecon House RTM Company is an RTM company in respect of part of the premises of which the right to manage is sought such that the appellant cannot be an RTM Company in its own right.
In his skeleton argument for the appeal, Mr Fain sought permission to appeal on two additional issues. The first sought to challenge the FTT’s determination in paragraph 12 of its decision that the right to manage cannot be acquired over premises comprising a number of blocks the freehold of which is held by different freeholders. The second concerned the issue of fact on which the FTT made no determination, but that issue fell away in the course of the appeal as Mr Bowker accepted that the required notice had been given to the leaseholder of flat 31.
- Heading
- Introduction
- The facts
- The proceedings
- The grounds of appeal
- Issue 1: Is the subject of the application a self-contained building?
- Issue 2: Is the appellant prevented from being an RTM company by the existence of another RTM company whose objects include acquiring the right to manage Brecon House?
- Issue 3: The split freehold issue
- Conclusions