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Landlord and tenant – Right to manage. A right to manage company (the RTM) applied under the Commonhold and Leasehold Reform Act 2002 to the tribunal to acquire the right to manage a building containing self contained flats. The freehold owner, the claimant opposed the application. In due course, the RTM withdrew the application and the claim and informed the valuation tribunal, who cancelled the hearing date. The claimant disagreed with that outcome for costs purposes and sought that the tribunal take jurisdiction. The tribunal refused and the claimant applied for judicial review of the decision. The Administrative Court held that the tribunal had erred in concluding that it no longer had jurisdiction in relation to the application simply because the RTM had notified the tribunal of its wish to withdraw the application.
Landlord and tenant – Right to manage. A right to manage company (the RTM) applied under the Commonhold and Leasehold Reform Act 2002 to the tribunal to acquire the right to manage a building containing self contained flats. The freehold owner, the claimant opposed the application. In due course, the RTM withdrew the application and the claim and informed the valuation tribunal, who cancelled the hearing date. The claimant disagreed with that outcome for costs purposes and sought that the tribunal take jurisdiction. The tribunal refused and the claimant applied for judicial review of the decision. The Administrative Court held that the tribunal had erred in concluding that it no longer had jurisdiction in relation to the application simply because the RTM had notified the tribunal of its wish to withdraw the application.
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