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The Right to Manage Federation has achieved its biggest-ever RTM, following a recent hearing.
Century Wharf is a development of 967 luxury apartments in Cardiff, comprising 19 buildings divided into 35 self-contained ‘houses’. Following numerous site visits the RTMF decided that three RTM companies could manage the estate and in October 2012, three Century Wharf RTM Companies were incorporated. 15 Claim Notices were issued on 11 March 2013, and on 11 April, management company Peverel issued counternotices challenging the right to manage on several grounds, including the right of one RTM company to manage multiple buildings.
At an LVT hearing, held in Cardiff on 27 November 2013, RTMF solicitor Margarita Mossop produced a 26-page skeleton argument in response to the landlord’s barrister Justin Bates’ assertions that Century Wharf buildings did not comply with s.72 of The Commonhold and Leasehold Reform Act because the various ‘houses’ did not constitute a vertical division due to the common undercroft. Mrs Mossop said Mr Bates’ argument on vertical separation was flawed and based on the incorrect assumption that claim notices had been issued for each self-contained unit or ‘house’.
The hearing was adjourned pending an Upper Tribunal decision on whether one RTM company can manage multiple premises. At a reconvened hearing on 19 March 2014 the Tribunal decided that the Upper Tribunal decision in the case of Ninety Broomfield Road determined all three RTM companies were entitled to RTM.
Century Wharf leaseholders have appointed Warwick Estates to take over the management when RTM is formally acquired on 8 August.