The 967 luxury apartments known as Century Wharf in Cardiff have become the Right To Manage Federation’s biggest victory yet. Century Wharf casts a shadow over the biggest RTM in England, the 422 flats at Metro Central Heights in Elephant and Castle in London which was completed by the Right to Manage Federation in 2012.
Century Wharf comprise 19 buildings which are divided into 35 self-contained units which will be known as houses.
After many visits to the site, the RTMF decided that three RTM companies would take responsibility for managing the estate and those three companies were incorporated in October 2012.
Peverel subsequently challenged the right to manage application on several grounds, including the right of one company to take charge of more than one building. The hearing was adjourned to allow the Upper Tribunal to consider whether one RTM company can indeed manage many buildings. At a later hearing, the Tribunal ruled that all three RTM companies were entitled to manage.
This decision in a complex site is in direct contrast to the situation at Kingsmere in Brighton in 2012. There, poorly-advised leaseholders ended up picking up the bill for the freeholder legal costs. There is now clearer guidance about the mechanism for one RTM company overseeing several buildings.
The Tribunal also recommended that landlords facing a RTM claim accept the proposal rather than drag out a court case, especially in cases where most leaseholders are in favour of RTM.
The leaseholders at Century Wharf have asked Warwick Estates to manage the portfolio of the luxury Cardiff apartments when the RTM is formerly handed over at the beginning of August.
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