5 Pretoria Road, London SW16 6RR LON/00BJ/LOA/2024/0003

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case No LON/00BJ/LOA/2024/0003

Between

5 Pretoria Road RTM Company LimitedApplicant

Pretoria Asset Holdings LimitedRespondent

Paul Cleaver Urang Property Management Limited for the Applicant

Application in relation to the the Right to Manage under s.84(3) of the for the Respondent

Date 7 January 2025

Property: 5 Pretoria Road, London SW16 6RR

Type of application: Commonhold and Leasehold Reform Act 2002

DECISION

[1]In this case the Applicant company is seeking to obtain the Right to Manage pursuant to Chapter 1 Commonhold and Leasehold Reform Act 2002 (“The Act”). The Respondent freeholder has played no part in the proceedings. The Applicant has served the Respondent at a number of addresses in the UK and on the British Virgin Islands. This has not prompted a response towards the application either positively or negatively. Accordingly, the Applicants have made an application to the Tribunal for an order that the company is to acquire the right to manage the premises in circumstances where the landlord is not traceable. Strictly speaking this application is not necessary because the Landlord is traceable to the addresses used by the Applicant but has failed to respond.

[2]I am satisfied that the Applicant has taken all necessary steps to notify the Respondent of the application. I am also satisfied that the Applicant has complied with the requirements of section 78-80 of the Act in that a notice inviting participation was sent pursuant to the requirements in section 78 and a satisfactory claim notice was served in accordance with section 79 and 80 of the Act.

[3]Accordingly I determine that on the relevant date ( 13th November 2024) the Applicant was entitled to acquire the Right to Manage the premises. Judge Shepherd 7th January 2025 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-application-for-permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber The application for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the application is seeking. If the Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).