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ARTICLE · 10 DECEMBER 2024

Take Notice Of These Decisions

Gatehouse Chambers
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The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year.

United KingdomReal Estate and Construction
Philip Marriott
Philip Marriott

Related expertise: Property

The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year. In summary, the Supreme Court held that the failure to serve a claim notice on an intermediate landlord of communal areas did not invalidate an RTM claim in circumstances where that party could still present its arguments opposing the right to manage.

In doing so, the Supreme Court held that, where a statute does not impose a clear sanction for failure to comply with part of a statutory process, the correct approach is to consider whether Parliament would have intended such non-compliance to invalidate the process.

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