Real Estate Disputes | Real Estate | Legacies
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The Property Litigation team at national law firm, Foot Anstey LLP has successfully advised and represented Spire House RTM Company in the Court of Appeal, to ensure it obtains the Right to Manage.
Spire House in Lancaster Gate, London is an exclusive set of residential apartments set in the ground of a historic church spire. The RTM Company was formed by the majority of its leaseholders seeking more direct control of the building's management.
The Foot Anstey team included Anna Phillips, Legal Director, and Marina Leigh, Associate, become involved in 2017. They commenced a new Right to Manage application for the company after an initial claim, commenced by a different firm, was defeated.
Following the 2017 application, the RTM Company was successful before the First Tier Tribunal, but the decision was then appealed, first to an Upper Tribunal (which was successfully opposed in July 2020) and then, by way of second appeal, to the Court of Appeal.
The Spire House RTM Company was represented by Philip Rainey QC and Nicola Muir of Tanfield Chambers, with whom the Foot Anstey team collaborated. Judgment was handed down on 9 November and the appeal dismissed; allowing the acquisition of the Right to Manage by March 2022. Costs of the second appeal also were awarded in the RTM Company's favour.
Anna Phillips, Legal Director at Foot Anstey said: "We are extremely pleased for our client, and its underlying members (the majority leasehold owners of Spire House). This has been a long and drawn-out journey, the acquisition of the Right to Manage has required huge determination on their part.
"This judgment is helpful in reminding freeholders that the Tribunals and Courts will not tolerate this sort of unnecessary and cynical opposition of the legitimate exercise of the Right to Manage."