Source: All England Reporter
Publisher Citation: [2012] All ER (D) 237 (Oct)
Neutral Citation: [2012] EWCA Civ 1372
Court: Court of Appeal, Civil Division

Arden, Sullivan and Patten LJJ

Representation Brian McGurk (Company Director) for the appellant.
  Ellie Cameron-Daum (Company Secretary) for the respondent.
Judgment Dates: 23 October 2012


Property - Commonhold and leasehold property - Right to manage - Self-contained building - Respondent company seeking right to manage (RTM) blocks of flats - Upper tribunal (UT) upholding decision of leasehold valuation tribunal that certain appurtenances did not need to appertain to flats exclusively - Appellant appealing - Whether UT erring - Leasehold Reform Act 2002, ss 71-72 and 112.

The Case

Property Commonhold and leasehold property. The Court of Appeal, Civil Division, in dismissing the appellant's appeal, held, inter alia, that appurtenances belonging to or enjoyed by two blocks of flats would still be considered appurtenances for the purposes of ss71 and 71 of the despite also being enjoyed by occupiers of other properties which were not the subject of a right to manage claim.

Practice Areas

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