7 Montacute Gardens, Tunbridge Wells, Kent TN4 8HG CHI/29UQ/OCE/2019/0037
DECISION
[132]The Tribunal accordingly determines that for the purposes of the preliminary issue:(1) The area contained in Title K952300 and edged blue on Plan 1 attached to the section 13 notice does not qualify as an additional freehold within section 1(2)(a) of the 1993 Act.(2) The rear garden area at 7 Montacute Gardens in Title K448284 which area comprises the dividing hedge and beyond up to the area contained in Title TT37522 is an additional freehold under section 1(2)(a) of the 1993 Act by virtue of being appurtenant property within section 1(3)(a) of that Act.(3) The remainder of the rear garden within title K448284 does not qualify as an additional freehold under section 1(2)(a) of the 1993 Act by virtue of section 1(3)(a) of that Act.[133]The Tribunal agrees with Mr Rainey that the preliminary issue is whether the areas claimed by the Applicant qualify as additional freeholds under section 1(2)(a) of the 1993 Act. Furthermore, the Act does not require a claimant to specify in the claim notice which limb of section 1(3) of the Act applies to the property claimed by virtue of section 1(2)(a).[134]The decision in paragraph 132 above is confined to the matter of whether the property claimed by the Applicant under section 1(2)(a) qualifies by virtue of section 1(3)(a) of the Act. If the Applicant wishes to argue that the property claimed qualifies by virtue of section 1(3)(b) of the Act it should do so by a request to the Tribunal, to be received not later than 14 days after the date of this decision. Following receipt of any such request the Tribunal will issue Directions as necessary.[135]In the meantime the Tribunal directs, under Rule 6 of the Tribunal Procedure (First Tier Tribunal)(Property Chamber) Rules 2013, that in the case of the present decision the period within which an application for permission to appeal may be made under Rule 52 of the said Rules shall not start to run until such date as the Tribunal shall specify.