Marshall Dixon and others v Wellington Close Management Ltd [2012] UKUT 95 (LC) is, so far as I can tell, the first Lands Tribunal/Upper Tribunal case on s.37, Landlord and Tenant Act 1987. As you’ll know, the 1987 Act gives the LVT power to vary residential leases. It can do this if the lease is defective in some way (s.35) or if the requisite majority of leaseholders agree and n0-more than the specified minority object (s.37 – a sort of qualified majority voting basis). The key provision is s.37(5), which provides that, in a building with more than eight leases, an application “shall only be made” if it is not … Read the full post
Tag Archive for 'UT(LC)'
Gateway Property Holdings Ltd v 6-10 Montrose Gardens RTM Co Ltd [2011] UKUT 349 (LC) is a rare creature – a decision of the Upper Tribunal (Lands Chamber) on a Right to Manage issue. It also appears to be the UT(LC) debut for HHJ Walden-Smith.
As you’ll know, the Commonhold and Leasehold Reform Act 2002 created a “no fault” right to manage process, whereby qualifying leaseholders of residential buildings could acquire the management of their building via the vehicle of an RTM company. The process starts with the formation of the RTM company (often by a number – but rarely all – of the leaseholders) and then, before giving notice … Read the full post
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