Justin Bates

Right to manage in chaos after Court of Appeal decision


UPDATED with analysis of the decision below Right to manage legislation is in chaos following Friday’s Court of Appeal decision to prevent RTM companies from managing more than one building at a site. The decision drives a hole through current RTM legislation and, in LKP’s view, can only be addressed with primary legislation. It means […]

No.1 Deansgate wins epic RTM battle, as freeholder throws in the towel at the Court of Appeal


The freeholder of Manchester’s prime No.1 Deansgate blinked first and dropped a Court of Appeal action to block a right to manage application. Residents at No.1 Deansgate, who include footballers Ryan Giggs and Phil Neville, Corrie star Helen Worth and Take That singer Jason Orange – have already spent £30,000 on the RTM marathon.

Retirement site loses right to manage appeal after three years. Now what’s the cost?


Residents not informed of court decision of a month ago What are the freeholder’s legal costs? Right To Manage Federation has said it would pay Elim Court’s battle to break free of London freeholder Israel Moskovitz and his associate Joseph Gurvits has failed on appeal to the Upper Tribunal. The ruling on the right to […]

Can this possibly be good news?


Barrister Justin Bates has been on the receiving end of the most indigestible flattery from managing agent and IRPM worthy Neil Maloney. On Twitter, the chartered surveyor praises Bates for his handiwork in right to manage applications – which habitually involves coming up with every legal impediment to thwart them. “Such a safe pair of […]

Biggest right to manage victory ever at Century Wharf, Cardiff

Century Wharf, Cardiff, is a Tchenguiz site of 967 flats that was managed by Peverel. It is the biggest site in the country to have won RTM

The Right To Manage Federation writes … The Right to Manage Federation has achieved its biggest ever RTM at a Peverel managed development of 967 luxury apartments known as Century Wharf, Cardiff. This eclipses England’s biggest RTM, the prestigious Metro Central Heights block of 422 flats at the Elephant & Castle completed by the RTMF […]

Lawyers fighting right to manage get their legal fees slashed from £28,117 to JUST £2,883!


(… and, yes, of course the freeholder is registered in a tax haven) Two lawyers fighting a right to manage application at the fashionable Post Box Birmingham site have had their costs slashed 90 per cent by a tribunal. Barrister Justin Bates (top), of Arden Chambers, and Roger Hardwick, of Brethertons, were asking for £28,117.95 […]

Israel Moskovitz ‘unappealing conduct’ reported in The Oldie

The Oldie magazine reports the frustrations at Regent Court this month

The monthly Oldie magazine has reported the failure of freeholder Israel Moskovitz to frustrate the right to manage application of the residents at Regent Court retirement site in Plymouth. Regent Court won right to manage in February 2012, but has been locked in legal wrangling for another 20 months after Moskovitz repeatedly attempted to appeal […]

Freeholder’s barrister Justin Bates named in Parliament yesterday. And Benjamin Mire. And Tchenguiz. And Yianis. And Israel Moskovitz …


… Labour MP Jim Fitzpatrick and Sir Peter Bottomley put the boot in to leasehold profiteers! Two senior MPs from opposite political parties yesterday delivered hard-hitting speeches in Parliament that highlighted the scandals in leasehold. And in a sign of the rising political temperature concerning these issues, neither hesitated to name names. Jim Fitzpatrick, the […]

Barrister Justin Bates delays ANOTHER right to manage by nearly two years. Corrie and Man United stars among the ‘victims’

Penthouse for sale at No 1 Deansgate for £1.2 million, but other properties are much cheaper

… why are these appeals taking so long? Another success for Justin Bates: he has managed to delay No. 1 Deansgate – central Manchester’s most fancy residential address – from achieving right to manage for nearly two years. Residents – who include footballers Ryan Giggs and Phil Neville, Corrie star Helen Worth and Take That […]

Barrister Justin Bates fails to block right to manage on the grounds that leaseholders’ company name did not include ‘RTM’ in the title


… but ‘flimsy’ legal cleverness still delays right to manage by 18 months! A few weeks ago freeholders’ barrister Justin Bates was back from holidays and raring to put the boot in the courts. But he has just fallen flat on his face. The recent decision of the Upper Tribunal (Lands Chamber) in Fairhold Mercury Ltd […]

LEASE 2013: ‘Leasehold must reform, or media will sink their teeth in’

What a difference a year makes. In 2012 LEASE, the Leasehold Advisory Service, held its “annual conference” in a Mayfair hotel charging £310 a head and the event was a blatant trade show for the vested interests in the leasehold sector. Leaseholders themselves – apart from an emotional gatecrasher, read here – were entirely absent. […]

Prisk to Bottomley: what’s the evidence that the Leasehold Advisory Service is not ‘balanced’? Well, how about this for starters …


Housing Minister Mark Prisk has rounded on Sir Peter Bottomley to demand why he believes that the Leasehold Advisory Service in not ‘balanced’. Sir Peter, the Tory MP for Worthing West, made his comments in the Commons on April 16: “To have clever lawyers, some of whom will appear at LEASE—the Government-approved agency for giving […]

Pensioners lose leasehold right to manage application for the third time

Justin Bates, landlord barrister

Leasehold pensioners in Plymouth have failed for the third time to break free from London managing agent Joseph Gurvits, LKP was informed yesterday. Elim Court’s third right to manage application in the past 18 months was thrown out at the Leasehold Valuation Tribunal owing to a mistake in the application. The decision is a bitterly […]

Young barrister who won ‘legal torture’ case is nominated for award

Stephanie Smith

The young barrister who represented for free the pensioners in the notorious ‘legal torture’ case at Oakland Court in Worthing is up for an award. Stephanie Smith, a barrister in her twenties, defeated Justin Bates, who was acting for the freehold-owning landlord and is a more senior lawyer in her own Arden Chambers. Bates is […]

Full ‘legal torture’ tribunal ruling is published

The full Leasehold Valuation Tribunal rulings at Oakland Court in Worthing – including the preliminary decision, refusal of leave to appeal by the LVT and the final determination – has been published on the Ministry of Justice website. The link is below. The pensioners were contesting the notional rent of the house manager’s flat, but […]

‘Legal torture’ pensioners settle for £68,500 … but two of the original leasehold applicants have since died

The landlords' lawyers repeatedly delayed the LVT case of the pensioners at Oakland Court, which was criticised as "legal torture" in the Commons

Leasehold residents at the Oakland Court retirement development in Worthing today accepted a £68,500 settlement of their dispute with their landlord over the notional rent of the house warden’s flat. Sadly, two of the original applicants have died and three have moved to full-time nursing care since the application to the LVT was made in […]