Yesterday, Winston Jacob appeared in the Upper Tribunal in Adriatic Land 3 Limited v Skyline Central One RTM Co Ltd (LC-2025-000631). The Deputy President of the Upper Tribunal heard an appeal of a First-tier Tribunal decision relating the right to manage.
The Appellant freeholder argued that to constitute a self-contained building and premises to which the right to manage applies (CLRA 2002, s. 72(2)), the building must not only be structurally detached but also practically capable of independent management.
Winston represented the successful Respondent RTM company, arguing that the test for a self-contained building was a solely physical test.
At the conclusion of the hearing, the Deputy President announced that the appeal would be dismissed with written reasons to be given at a later date.
