LRX 138 2006, 26 October 2007. Considers how the vertical division of a building is relevant to the right to manage. The landlord of premises within a building (H) appealed against a leasehold valuation tribunal decision that the respondent company (R) held the right to manage his premises. H argued that his premises did not constitute a vertical division of the building contrary to the Commonhold and Leasehold Reform Act 2002 s72(3)(a). H argued there was nothing in the Act giving the Tribunal discretion to determine the right to manage and submitted that the vertical severance produced by did not represent a self-contained part of the building. "Held": The tribunal had erred in determining the issue upon whether the area outside a line drawn vertically through the building was minimal, a test based on the Leasehold Reform Act 1967 which was created for a different purpose. The question was whether the premises was physically a division of the building, creating self-contained premises for the purposes of the 2002 Act. The premises did not create such an area. R was not entitled to manage H's premises. Appeal allowed.