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…
Click on the link below to read the rest of the Eversheds briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Eversheds
News from The Lawyer
Analysis from The Lawyer
Eversheds is no stranger to an international tie-up but now it’s in the market for the jewel in its global crown
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all