Winston Jacob analyses recent developments regarding the right to manage
In brief
- Q Studios (Stoke) RTM Co Ltd v Premier Ground Rents No 6 Ltd: determining whether premises are subject to the right to manage conferred on qualifying tenants of flats by the Commonhold and Leasehold Reform Act 2002.
When is a separate set of premises a ‘flat’ and when is it ‘occupied, or intended to be occupied, for residential purposes’? In Q Studios (Stoke) RTM Co Ltd v Premier Ground Rents No 6 Ltd [2020] UKUT 197 (LC), [2020] All ER (D) 25 (Jul) the president of the Upper Tribunal has provided guidance on these issues in the context of determining whether premises are subject to the right to manage conferred on qualifying tenants of flats by the Commonhold and Leasehold Reform Act 2002 (the 2002 Act).
The 2002 Act provides a no fault statutory right to manage to qualifying tenants of flats in premises to which it applies. Tenants who are dissatisfied with the provision of services or the amount of their service charges may seek to exercise
