It’s never too late to ensure that statutory procedures have been followed, says Andrew Skelly
Where an issue going to the jurisdiction of a first instance tribunal is raised in proceedings before it, or where the same tribunal itself identifies such an issue, it is entitled to investigate it and to determine it.
The Commonhold and Leasehold Reform Act 2002 introduced a right for leaseholders of flats to take over management of their block via an “RTM company”. The company may serve a claim notice on the landlord, who may then serve a counter-notice (either admitting the company’s entitlement to acquire the right to manage, or alleging that, by reason of a specified provision of Ch.1, the company is not so entitled).
Fairhold
In Fairhold (Yorkshire) Limited v Trinity Wharf (SE16) RTM Co Limited [2013] UKUT 0502 (LC) the leasehold valuation tribunal (LVT) held that the freeholder was restricted to arguing only those grounds set out in the counter-notice. On appeal the tribunal held that: “Section 84 does not provide that if an application is made by the RTM company under s 84(3) a
