Triplerose Ltd v Ninety Broomfield Road

Triplerose Ltd v Ninety Broomfield Road

An RTM company cannot acquire the right to manage more than one self-contained building or part of a building; the Act requires a separate RTM company for each set of premises.

Source-derived case information.

Parties
Appellant: Triplerose Ltd; Respondent: Ninety Broomfield Road RTM Co Ltd; Appellant: Freehold Managers (Nominees) Ltd; Respondent: Garner Court RTM Co Ltd; Appellant: Proxima GR Properties Ltd; Respondent: Holybrook RTM Co Ltd
Jurisdiction
England and Wales
Judgment Date
27 March 2015
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Right to Manage, Leasehold Reform, Statutory Interpretation
Property Law Landlord and Tenant Law Right to Manage Leasehold Reform Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Triplerose Ltd

Appellant

Ninety Broomfield Road RTM Co Ltd

Respondent

Freehold Managers (Nominees) Ltd

Appellant

Garner Court RTM Co Ltd

Respondent

Proxima GR Properties Ltd

Appellant

Holybrook RTM Co Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether a Right to Manage (RTM) company can acquire the management of more than one set of premises under the Commonhold and Leasehold Reform Act 2002

Ratio Decidendi

An RTM company cannot acquire the right to manage more than one self-contained building or part of a building; the Act requires a separate RTM company for each set of premises.

Court Disposition

Appeal allowed

Orders

  • The appeals are allowed; the decision of the Upper Tribunal is overturned.