The case is an appeal from the Upper Tribunal concerning the acquisition of the right to manage. The Upper Tribunal held that the failure to give a qualifying tenant a Notice of Invitation to Participate (“NIP”) did not invalidate the Claim Notice served by the Respondent. Rather, the Claim Notice was voidable at the instance of the qualifying tenant.
The Appellant landlord appeals, arguing that the Upper Tribunal erred in finding that a landlord cannot rely on an RTM company’s failure to serve a NIP on a qualifying tenant. The appeal will consider whether the Judge erred in her application of the Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27.
The Respondent seeks to uphold the Upper Tribunal’s ultimate decision that it was entitled to acquire the right to manage. However, it argues that the Upper Tribunal was wrong to find the tenant in this case was a qualifying tenant.
To follow the appeal live, 19.06.25, please find link here – Court of Appeal – Civil Division – Court 75 – YouTube
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