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

  • 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
    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


  • Property Management bully behaviour
    Hi everyone,

    I would highly appreciate any contribution to this post.

    I'll get straight to the point: I am a leaseholder in a block of 8 flats in Leeds. One of the flats belongs to the Freehold owner (Landlord). Ever since I purchased this property we were dealing with a rather...
    18-09-2019, 18:37 PM
  • Reply to Property Management bully behaviour

    The salient points have been highlighted by others above. I would suggest your next step is to follow Scott22's advice and contact LEASE for free advice providing them with a copy of your lease.

    It is highly likely the Managing Agent (MA) is within their rights to charge...
    22-09-2019, 14:01 PM
  • Request to appeal an FTT decision
    Hello there

    I hope someone can help with answers to the following questions:

    1) Where one has legal grounds to appeal an FTT decision, is there a specific form or do you just write to the court providing grounds and requesting leave to appeal within the time limit?
    22-09-2019, 13:40 PM
  • Shared outside tap
    I live in a first floor flat, with a strip of garden at the rear. There is currently an outside tap on the side of the house which is only accessible by one ground floor flat.
    I want to install an outside tap on the "communal" side of the house, so that we five flats who don't have direct...
    21-09-2019, 09:45 AM
  • Reply to Shared outside tap
    I recommend that you try to agree a private arrangement with the leaseholder of the ground floor flat. That is much simpler and cost effective than trying to arrange a separate supply....
    22-09-2019, 06:34 AM
  • Reply to Property Management bully behaviour
    You are lucky to have been consulted at all, many freeholders and agents are ignoring the s20 requirements. You are entitled to make comments regarding the choice of surveyor and contractor. You have the right to apply to the FTT if you consider that the service charges are unreasonable and if you can...
    22-09-2019, 06:20 AM
  • RTM Co Director Accused of Self Dealing
    Holy Cow
    Dear forum members, I joined the forum this morning after searching the internet for help with a problem. My partner is a director of a right to manage company - they took over the running of their building a couple of years ago - and he's getting hassle from the other directors.

    He had...
    10-08-2019, 09:55 AM
  • Reply to RTM Co Director Accused of Self Dealing
    I think that arrears owing by directors are relevant and should be disclosed to the members. If the individual directors are unwilling to allow their personal details to be disclosed, the total amount could be given to the meeting and then individual directors would be able to announce that they have...
    22-09-2019, 06:05 AM
  • Reply to RTM Co Director Accused of Self Dealing
    Is that statement as a current director? I would certainly as a director not be disseminating any information of late payers or those in arrears to other members....
    22-09-2019, 01:03 AM
  • Reply to Property Management bully behaviour
    In reply to your off list questions (please do not do that).

    1) You never have a right to select the surveyor;

    2) You do not have a right to reject the section 20 proposed contractors and force a new round of consultation.

    Implied question: You do not have a right...
    21-09-2019, 15:58 PM