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ARTICLE · 07 MARCH 2023

Case Summary: Assethold Ltd v Eveline Road RTM Co Ltd [2023] UKUT 26 (LC)

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The appellant was the freehold owner of the property. The respondent had applied to acquire the right to manage (RTM) the property pursuant to the RTM provisions in Pt II Ch.1 of the Commonhold...

United KingdomReal Estate and Construction

Assethold Ltd v Eveline Road RTM Co Ltd [2023] UKUT 26 (LC)

RTM – "relevant premises" – "self-contained part of the building"

The facts

The appellant was the freehold owner of the property. The respondent had applied to acquire the right to manage (RTM) the property pursuant to the RTM provisions in Pt II Ch.1 of the Commonhold and Leasehold Reform Act 2002 ("the Act"). The key questions for the FTT was whether property qualified as "relevant premises ", which means either a self-contained building or a self-contained part of a building within the meaning s.72(3) of the Act. The FTT found that it did on the ground that although the property had initially comprised two terraced houses, since the grant of planning permission, it had been known by a single address; the appellant had consistently treated the property as a single building in obtaining insurance and; that the property differed significantly in character from blocks of flats on an estate, which

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