A successful Right to Manage claim needs a technically accurate approach, with even seemingly small errors leading to a failed claim, as highlighted in the latest Triplerose RTM case. Sam Andrews of Brady Solicitors explains.
The Commonhold and Leasehold Reform Act 2002, the legislation which introduced the Right to Manage (RTM) and sets out the procedure to be followed, is notorious for its particular and precise wording.
In all Right to Manage cases, there are three statutory Notices; two that the Claimant must serve (the Notice Inviting Participation, and the Claim Notice), and one that the landlord may serve (the Counter Notice).
All three of these Notices include explanatory notes, and the content of these notes is also prescribed by law.
What went wrong in the Triplerose case?
The case of Triplerose Ltd vs Mill House*, which was heard in the Upper Tribunal in February 2016, centred on the RTM company’s failure to include the required explanatory notes with the Notices.
Triplerose had sent a correct ‘Notice Inviting Participation’ to the Mill House leaseholders in 2013, but the explanatory notes were not included.
This omission by the RTM company proved fatal to the claim and the Right to Manage was not acquired.
‘Legislation not followed’
The Tribunal commented that although it would tend to be “sympathetic” where technical points were used to challenge an RTM claim, it could not take this approach where the legislation had not been followed.
The fact that the notes were prescribed by statute and provided potential members with important information meant that the need to provide them to leaseholders could not be ignored.
This highlights the importance of accuracy in Right to Manage claims and the benefit of having an expert pair of eyes.
This was the second high profile Right to Manage case involving Triplerose
The first Triplerose case was the high profile ’90 Broomfield Road’, which created the ‘One Block Rule’ for Right to Manage companies. Since this Court of Appeal decision in March 2015, the Right to Manage has only applied to a single block, or self-contained part of a block, and not to a number of blocks – whether these blocks are in different locations or located on the same estate.
The Brady Solicitors team has experience in establishing RTM Companies and successfully defending right to manage claims. For an expert view on Right to Manage, please contact us on 0115 985 3450 or click here to send an email.
*Triplerose Ltd v Mill House RTM Co Ltd [2016] UKUT 80 (LC)
