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Supreme Court refuses permission to appeal in RTM case

The Supreme Court has refused permission to appeal to the Respondent freeholder in the case of Elim Court RTM Co Ltd v Avon Freeholds Ltd [2017] H.L.R. 18; [2017] EWCA Civ 89.

This marks the end of a long-running dispute between qualifying tenants seeking to exercise the right to manage their block of flats in Plymouth and their freeholder, Avon Freeholds Ltd.

The qualifying tenants set up a right to manage company - Elim Court RTM Co Ltd - and claimed the right to manage in 2012. The freeholder objected, alleging that the tenants had served defective statutory notices in support of the claim. The freeholder succeeded in the Leasehold Valuation Tribunal and on an appeal to the Upper Tribunal. However, on a second appeal, in Feburary this year, the Court of Appeal reversed the decision, holding that the relevant defects did not invalidate the right to manage claim.

With the Supreme Court's refusal of permission to appeal, the tenants will now be able to take over the management of their block; something which, without this litigation, they would have been entitled to do in November 2012.

Winston Jacob, a barrister at Lamb Chambers, acted for the successful right to manage company in the Court of Appeal and drafted its notice of objection to the freeholder's application for permission to appeal to the Supreme Court."

Winston Jacob / 19th Jul 2017


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