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Right To Manage Case Studies

Canonbury Management have performed hundreds of RTM claims and have a wealth of experience in the process. Whilst the majority of cases progress without the freeholder serving a counter notice, some require that an application is made to the First Tier Property Tribunal for determination. Listed below is a sample of cases where Canonbury has applied to the LVT. These case studies and all RTM LVT applications are also available through the Residential Property Tribunal Service website.

Cann Hall Road


Counter notice reasons The freeholder raised various issues to do with the description of the property, the form of the legal notices and the dates on which they were received.
Judgement The Freeholder's objections were found to be without grounds and Canonbury's documents were affirmed as being accurate.

Boutflower Road


Counter notice reasons The Freeholder wrongly believed that the ownership of the freehold was split when it was clear from the land registry that it was not.
Judgement The LVT agreed with our assessment of the situation and approved the Right to Manage.

175 Dartmouth Road


Counter notice reasons The freeholder raised various Objections and stated that they had not received the claim notice served upon them.
Judgement The Freeholder withdrew their objections at the eleventh hour.

67 Chadwick Road


Counter notice reasons The freeholder stated that they had not received the claim notice served upon them but had not served a counter notice.
Judgement The Tribunal decided that in the absence of such a counter notice having been served, the RTM Company had acquired the Right to Manage and the LVT had no jurisdiction to hear the matter.

17 Churchfield Road


Counter notice reasons The solicitor acting for the freeholder had said that the wife of a lessee not included on the register had to be given a notice of invitation.
Judgement In this case, the wife of the lessee, was not served although her husband was with a notice inviting membership. It was held, however, that clearly she had agreed to become a member and so was not required to be so served under the act. The tribunal was critical of the freeholder’s solicitor for bringing the claim and Canonbury was successful.

417 Wick Lane


Counter notice reasons The Freeholder had claimed that there were insufficient flats in the block.
Judgement Canonbury was successful in this claim. There was a majority and the process had been correctly complied with.

Devonshire House


Counter notice reasons The freeholder’s solicitor tried to argue that the statutory register was deficient and that column headings were not accurate in that document.
Judgement The LVT determined that Canonbury's process was correctly undertaken and the client was granted the right to manage.

12 Godman Road


Counter notice reasons The existing management company contested whether the building qualified for the right to manage.
Judgement The LVT agreed with Canonbury that the building did qualify and the client achieved the right to manage.