More RTM litigation reaches the Upper Tribunal

Right to Manage is one area which continues to produce litigation and another disputed claim reached the Upper Tribunal at the end of 2013.

In Pineview Ltd v 83 Crampton Street RTM Company Ltd a notice of claim served by the tenants was challenged by the landlord because it was signed by the legal representative for the tenants and not an officer of the RTM company and also because it failed to specify / identify whether any appurtenant property was involved.

Such technical challenges are increasingly common in RTM claims where some landlords simply try to exhaust the tenants enthusiasm for the project by digging in for disputes.

In this case the Tribunal found in favour of the tenants at first instance and the Upper a Tribunal upheld that decision. The signatory was considered to have had the authority of the RTM company as required on the prescribed form of claim notice. The issue of appurtenant property was also considered not to require certainty at the date of giving of the notice and so failure to refer to it did not invalidate the notice as that would be decided later in the claim.

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