7 To 9 Philip Street
- The building
- A row of former terraced houses converted into nine flats, enclosed within the terrace rather than structurally detached. The tribunal had to establish this from photographs, plans and the registered title, because neither party explained it.
- What was applied for
- A determination of entitlement to acquire the right to manage under section 84(3) of the Commonhold and Leasehold Reform Act 2002, decided on the papers.
- The figures
- Claim notice 11 March 2022. Nine qualifying tenants, eight of them members.
What Happened
The freeholder's counter-notice raised two objections: that the claim notice was invalid because it was on the RTM service provider's notepaper and signed by someone said not to be an officer, and that the premises were two or three self-contained buildings so only one could be claimed.
What the Tribunal Held
Both objections rejected. On signature, the tribunal noted it is long accepted law that an authorised agent can sign a notice, and that the 2002 Act contains no requirement for the claim notice to be signed at all. On extent, it held that Triplerose rules that an RTM company cannot acquire more than one self-contained building, but does not decide that it must claim the smallest divisible part. Because these premises are not structurally detached they can be claimed together, and it is for the qualifying tenants to decide, not the landlord.
What it means for a block here. A landlord cannot defeat a claim over a converted terrace by arguing the leaseholders should have claimed a smaller part. Where the parts are not structurally detached, the RTM company chooses the extent.