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 in 2012.
The Century Wharf development comprises 19 buildings divided into 35 self-contained units confusingly known as houses.
Following numerous site visits the RTMF decided that three RTM Companies could manage the estate and in October 2012 three Century Wharf RTM Companies were incorporated.
19 claim notices were issued on March 11 2013 and on April 11 Peverel issued counter-notices challenging the right to manage on several grounds, including the right of one RTM company to manage multiple buildings.
This set up a familiar confrontation between the landlord’s barrister, Justin Bates and RTMF solicitor Margarita Mossop.
At an LVT hearing in Cardiff on November 27 2013, Mrs Mossop produced a 26-page skeleton argument in response to Mr Bates assertions that Century Wharf buildings did not comply with s.72 of The Commonhold and Leasehold Reform Act because the various ‘houses’ did not constitute a vertical division due to the common under-croft.
Mrs Mossop said Mr Bates argument on vertical separation was flawed and based on the incorrect assumption that claim notices had been issued for each self-contained unit or ‘house’.
The hearing was adjourned pending an Upper Tribunal decision on whether one RTM company can manage multiple premises.
At a reconvened hearing on March 19 2014 the Tribunal decided that the Upper Tribunal Decision in the case of Ninety Broomfield Road confirmed Mrs Mossop’s submissions were correct and in its decision dated May 8 determined all three RTM Companies were entitled to RTM, fully rejecting Mr Bates ‘vertical division’ arguments in relation to s.72.
Commenting on this latest triumph, RTMF Director Dudley Joiner praised RTM executive Nick Bignell who successfully coordinated a very complex case and solicitor Margarita Mossop for her detailed preparation and accurate interpretation of the legislation.
He called on landlords facing RTM claims to accept the inevitable rather than perpetuate costly legal disputes in cases where a majority of leaseholders clearly want RTM.
Century Wharf Leaseholders have appointed Warwick Estates to take over the management of the Welsh estate of luxury apartments when RTM is formerly acquired on August 8.
Warwick will manage the estate from its office in Cardiff.
The RTMF has now acquired RTM for over 6,500 properties throughout England and Wales.
The full ruling can be read here: CenturyWharf
This is a brilliant result. The warmest congratulations are offered to all concerned.
This is an important victory at a complicated site.
It is such a contrast to the Kingsmere fiasco, in Brighton, in 2012 where ill-advised leaseholders ended up paying the freeholders’ legal costs.
Leaseholders contemplating RTM in multiple blocks should read this decision.