How often does Right To Manage Application objections reach the Court Of Appeals?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • How often does Right To Manage Application objections reach the Court Of Appeals?

    Pretty straightforward question, this. We won our RTM last year, following a counter notice from our FH, which was dismissed as nonsense. They appealed this decision; which Tribunal denied. They then appealed to Upper Tribunal, which after a few months has been denied as 'there is no chance of winning an appeal'. The only place to go from here is the Court of Appeal.

    I understand it's quite rare for a RTM to progress to the Court of Appeal. Anyone have any idea how rare?

  • eagle2
    replied
    Hi Benzo, your FH is stretching it out to the limits, but I suspect that you are not surprised based on your history.

    I have found a couple of other cases which have reached the Court of Appeal but they are rare, most FHs would have given up by now.

    I am sure that there will be long celebrations when you eventually succeed.

    Leave a comment:

Latest Activity

Collapse

  • RTM Company No contact
    jimcarver
    Does anyone know what action can be taken if the RTM company is not performing and refusing communication.

    Long story short, of the 6 apartments Tenant A owns 2 properties and refusing to pay (for no other reason than he doesnt want to). Tenants B & C will not pay because Tenant A is...
    21-05-2019, 00:44 AM
  • Reply to RTM Company No contact
    leaseholder64
    The mortgagees should be on the public record, at the Land Registry, for £3 a lease.
    21-05-2019, 14:01 PM
  • Reply to RTM Company No contact
    thevaliant
    I would suggest you sit down one evening and type a letter out.
    Detail the lack of insurance, the lack of willingness to maintain the building. List the problems with doing so - value of flats greatly diminished - likely all parties (including yourself) in breach of mortgage terms - the RTM company...
    21-05-2019, 13:51 PM
  • Reply to RTM Company No contact
    leaseholder64
    They won't be a be able to sell except as a distressed property without the insurance, and a competent conveyancer would probably also warn people off based on the arrears. Questions about all of these normally get asked by the buyer's solicitors.
    21-05-2019, 11:16 AM
  • Reply to RTM Company No contact
    Focus
    Hi, I don't have any sage advice to offer just some sympathy, I thought the directors in my building were bad but yours is on another level. I would agree that insurance is the main concern and probably a requirement for any mortgage, as the bricks and mortar must surely be the collateral.
    21-05-2019, 11:08 AM
  • Covenants relating to landscaped area
    holmesr923
    We live in a small development of 8 houses. When the building work was finished our local council place covenents on the site such as: no house to used for a business but more particularly that the landscaped area with trees and fencing had to be maintained in good order. The counci refused to adopt...
    20-05-2019, 11:48 AM
  • Reply to Covenants relating to landscaped area
    leaseholder64
    If the company is dissolved, the liquidators will try to sell the land. Failing that, it will eventually revert to the Crown, or the Duchy of Lancaster, etc., who will not maintain it, although an attempt will be made to sell it to some of the residents.

    I'm totally confused by your description...
    21-05-2019, 10:12 AM
  • Reply to Covenants relating to landscaped area
    holmesr923
    on a neighbouring development the council adopted the amenity land but did not in our case because the builders did not want to pay the council to adopt it.So it was sold on to a management company from whom we ,miraculously, were able to buy it for £5k.At that time, 2000 our council tax was £150pa...
    21-05-2019, 08:58 AM
  • Freeholder Major Works – Not to acceptable standard (advice required)
    manchesterpat
    I live in a purpose built maisonette, of which there are two in the block – mine on the first floor, and the second on the ground floor, owned by the freeholder. The arrangement is that while the roof and the loft are demised to me, the freeholder is responsible for arranging repairs and splitting...
    21-05-2019, 08:52 AM
  • Reply to RTM Company No contact
    jimcarver
    The lack of insurance is my main point of concern and I have bought it up many times but it seems amazing how little anyone else cares.
    For example the person that owned the property before me set up the RTM and got the property insured after years of no insurance, she then sold the property...
    21-05-2019, 07:59 AM
Working...
X