Residential case law review: top five cases of 2013
No. 1 Deansgate (Residential) Ltd v No. 1 Deansgate RTM Co Ltd was a decision of the upper tribunal (lands chamber) where it was held, for the purposes of the Commonhold and Leasehold Reform Act 2002, that a building can be attached to another and still be considered to be ‘structurally detached’, so long as the attachment is not of a structural nature.
The relevance of this finding is that qualifying leaseholders of flats are entitled to establish and join a right-to-manage (RTM) company if they all occupy a ‘self contained’ building. The building in this case was a 14-floor block of flats that was originally a standalone building but over time neighbouring properties had been connected to it.
The leaseholders formed an RTM company and sought to acquire the right to manage, which was denied. However, it was held that as the neighbouring buildings derived no structural support from the building in question, it could be regarded as structurally detached and the RTM application could proceed…
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