In Elim Court RTM Co Ltd v Avon Freeholds Ltd [2017] EWCA Civ 89, the Court of Appeal ruled that the Upper Tribunal had been wrong to reject a right to manage claim on the basis of defects in the statutory notice requirements. The Court of Appeal held that trivial failures of compliance with the statutory provisions would not invalidate the claim; nor would a failure to serve a claim notice on an intermediate landlord with no management responsibilities.
This outcome significantly improves the outlook for applicants seeking to negotiate the RTM process.
Lamb Chambers’ Winston Jacob represented the successful appellant. You can read his full, detailed technical summary of the case, as well as his conclusions, here on the Lamb Chambers website.