000 02172cab a2200265 4500
001 ##L132371
008 060131n2006 000 0 eng u
035 _a(Sirsi) u132371
041 0 _aeng
245 0 0 _aGaingold Ltd and Devonbrae Ltd v WHRA RTM Company Ltd
260 _c2006
520 _a[2005] EWLands LRX/19/2005, 19 September 2005. Concerns the entitlement of a Right to Manage (RTM) company to acquire the right to manage predominantly residential premises. Appeal by G against the Leasehold Valuation Tribunal's (LVT) determination in favour of W. W had given G notice under the Commonhold and Leasehold Reform Act 2002 s79(6) to acquire the rights to manage the premises but G served a counter-notice under s84(1) of the 2002 Act that WH was excluded from the right to manage under Sched 6 para 1 of the Act, the exclusion in para 1 applying to premises in which more than 25% of the internal floor is non-residential The LVT having determined in WH's favour gave G the right to appeal as the appeal would raise an important point of statutory interpretation in respect of a relatively new scheme of legislation. "Held": appeal dismissed. There was no justification for ignoring the basement of the premises as residential accommodation and it does not fall to be treated as a non-residential part of the premises. The exclusion in para 1 does not therefore apply.
590 _aIKA310106
650 2 4 _aLINDEN V DEPARTMENT OF HEALTH AND SOCIAL SECURITY
650 2 4 _aURATEMP VENTURES LTD V COLLINS AND CARRELL
650 2 4 _aOWEN V ELLIOTT (INSPECTOR OF TAXES)
650 2 4 _aCHAPMAN V FREEMAN
650 2 4 _aCOMMONHOLD AND LEASEHOLD REFORM ACT 2002 SCHED 6 PARA 1
650 2 4 _aCOMMONHOLD AND LEASEHOLD REFORM ACT 2002 S 84(3)
650 2 4 _aCOMMONHOLD AND LEASEHOLD REFORM ACT 2002 S 84(1)
650 2 4 _aCOMMONHOLD AND LEASEHOLD REFORM ACT 2002 S 79(6)
690 _aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LANDLORD AND TENANT REFORM
856 4 0 _uhttps://www.bailii.org/ew/cases/EWLands/2005/LRX_19_2005.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c76414
_d76414