Property & Real Estate Barristers
Mark Loveday and Amanda Gourlay in first RTM case to go to Supreme Court
12th January 2022
Judgment in FirstPort v Settlers Court RTM [2022] UKSC 1, the first Right to Manage case to reach the Supreme Court, was handed down today, Mark Loveday and Amanda Gourlay appeared for the Respondents in an unusual ‘leapfrog’ appeal directly from the Upper Tribunal (Lands Chamber).
The Court overturned the 2012 Court of Appeal decision in Gala Unity v Ariadne Road RTM, and decided that RTM Companies are not entitled to acquire the right to manage the communal areas of estates which are shared with others.
Mark said:
“The decision brings some welcome clarity to this complex piece of legislation. But the result will plainly be a disappointment to leaseholders by cutting down the areas which can be covered by the right to manage. It reinforces the need for the legislation to be updated in line with the Law Commission’s proposals on the right to manage in its 2020 Consultation paper.”
An analysis of the case will follow.