Home/Services by area/Swindon/Right to Manage in Swindon

Right to Manage in Swindon

2 published tribunal decisions from in and around Swindon, with what each one actually decided.

Woodland Court, a managed residential development
Local authority
Swindon Borough Council
Service
Right to Manage
Published decisions
2 tribunal decisions
From our Plymouth office
Approx. 160 miles

Right to Manage Cases Decided in and Around Swindon

Published tribunal decisions
DevelopmentCaseWhat the tribunal decided, and why it matters
Ariadne Road, OakhurstGala Unity v Ariadne Road RTM Company [2012] EWCA Civ 1372
23 October 2012
The strongest citation available for the region: binding Court of Appeal authority on the scope of Right to Manage over shared estate areas, arising from a named Swindon development. A valid claim notice extends the right to appurtenant property, including car ports, parking spaces and land over which the flats have shared rights of way, even where those rights are shared with flats outside the claim. Right to Manage on one block of a multi-block estate does not cleanly carve that block out.
Ariadne Road, OakhurstGala Unity v Ariadne Road RTM Company [2011] UKUT 425 (LC)
25 October 2011
The Upper Tribunal stage, heard at Swindon. It spells out the overlap the decision creates: after acquisition the landlord and its management company have no entitlement under the leases to carry out services such as maintaining the roadway and gardens, and if they do so anyway the cost is not reasonably incurred and can be disallowed. The President urged the parties to negotiate a single estate-wide arrangement, which is the practical answer.

What We Do About Right to Manage in Swindon

The Ariadne Road, Oakhurst decision above is the kind of thing this work is for. Right to Manage in Swindon is part of a full management service, not a standalone product, and in practice it means:

  • Read the claim against the decisions above, then say whether it is ready or not.

How This Works, in General

The law here is the same in Swindon as it is anywhere in England, and it is set out in full on our Right to Manage page rather than repeated on this one. What changes locally is above: the authority, the figures, and what the tribunal has actually done with cases nearby.

Everything else we do in the area is on the Swindon page, and the full matrix is at services by area.

Talk to Us About Your Building.