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Leaseholders at Risk due to Triplerose Court Decision

Steve Thompson's picture
The Court of Appeal decision in Triplerose Ltd v Ninety Broomfield Road RTM Co Ltd [2015] it is now law that a RTM company can only manage premises comprising one single building or part of a building.

As a consequence the legal position following Triplerose, with only a few possible exceptions, is that any company managing more than one building or part of a building in the belief that such powers were granted to it by statute is and always has been operating illegally.

This is the view taken by the Land Registry Lawyer who has expressly stated that the ruling applies to all RTM companies including RTM companies that acquired RTM before the Triplerose decision.

According to RTMF Director Dudley Joiner: 

Triplerose was a bad decision insofar as it does not provide consistency in the law. For almost a decade the tribunals have interpreted the law differently and two Upper Tribunals upheld those decisions.

Reversing the interpretation after such a prolonged period does not instil confidence in our justice system. But we are where we are and we have to abide by the law.

Doing nothing is not advisable. It is better to take protective action.

How we can help

Those affected are invited to email srt [at] mtmlegal.co.uk (subject: Triplerose%20Decision, body: %0A) for further information, or you can leave a message on our page.

 

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