Visit JCPCUKSC/2023/0047
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HOUSING, LANDLORD & TENANT
A1 Properties (Sunderland) Ltd (Appellant) v Tudor Studios RTM Company Ltd (Respondent)
Case summary
Case ID
UKSC/2023/0047
Parties
Appellant(s)
A1 Properties (Sunderland) Ltd
Respondent(s)
Tudor Studios RTM Company Ltd
Issue
Does a failure to serve a claim notice on an intermediate landlord with no management responsibilities invalidate a right to manage claim under the Commonhold and Leasehold Reform Act 2002?
Facts
This appeal concerns Tudor Studios, a former factory in Leicester now converted into student accommodation. The building mainly comprises "study studios", with some communal areas. The study studios are held by investor tenants on 250-year leases in tripartite form between the freeholder, the investor tenant and the management company. The appellant, A1 Properties (Sunderland) Limited, holds the common room, the laundry, the gym and the reception area on four 999-year leases.The Commonhold and Leasehold Reform Act 2002 ("the 2002 Act") enabled tenants who hold long leases of flats in a self-contained building to acquire the right to manage that building. The investor tenants sought to exercise this right though the respondent, Tudor Studios RTM Company Limited. The respondent gave the claim notice required by section 79 of the 2002 Act to the freeholder and to the management company, but not to the appellant. The management company therefore served a counter-notice stating that the respondent was not entitled to acquire the right to manage Tudor Studios because it had not complied with the procedure set out in the 2002 Act.The respondent applied to the First-tier Tribunal for determination of the issue. The First-tier Tribunal held that the failure to serve notice on the appellant did not invalidate the respondent's right to manage claim because the appellant has no management responsibilities. The Upper Tribunal dismissed the appellant's appeal. The appellant now appeals to the Supreme Court.
Date of issue
5 April 2023
Judgment appealed
Judgment details
Judgment date
16 August 2024
Neutral citation
[2024] UKSC 27
Judgment links
Judgment summary
8 October 2024
Appeal
Justices
Hearing dates
Start date
8 February 2024
End date
8 February 2024
Watch hearings
8 February 2024 - Morning session
8 February 2024 - Afternoon session
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Change log
Last updated 16 April 2024