[2025] UKUT 39 (LC)

Fecha: 07-Feb-2025

Conclusions

Conclusion

104.

For the reasons I have given:

(a)

The FTT was correct to find that the three Plaza Boulevard blocks are not self-contained parts of the Estate and that the right to manage provisions do not apply to them. Although I have allowed the RTM companies’ challenge to the FTT’s reasoning on the issue of vertical division, I am nevertheless satisfied that the blocks do not constitute vertical divisions of the building because they each include parts of the undivided basement car park. The RTM companies’ appeals are therefore dismissed.

(b)

The FTT was correct to find that No.14 is a self-contained part of a building and that 14 Park Crescent RTM Co Ltd is entitled to acquire the right to manage it. The landlords’ appeal is dismissed.

Martin Rodger KC,

Deputy Chamber President

7 February 2025

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.