Lauren Fraser comments in New Law Journal on a UK Supreme Court decision regarding Right to Manage claims
min readThe Supreme Court’s unanimous decision in Avon Freeholds v Cresta Court E RTM Company [2026] UKSC 31, means that landlords cannot rely on minor procedural failures to defeat leaseholders’ right to manage claims.
The Court ruled in favour of leaseholders at a block of 20 flats in west London, overturning the Court of Appeal’s finding that the failure to serve a notice of invitation to participate on one qualifying leaseholder invalidated the claim. The affected leaseholder had subsequently joined the right to manage company.
The judgment narrows the procedural grounds on which landlords can challenge right to manage claims. Its practical importance is heightened by the Leasehold and Freehold Reform Act 2024, which extends the regime to buildings containing up to 50% commercial space.
Lauren Fraser, Senior Associate in our Real Estate Disputes team, comments in New Law Journal:
This has significant practical consequences, given the increased scope of the RTM regime under the Leasehold and Freehold Reform Act 2024 to include buildings with up to 50% commercial use. Entitlement will remain an important threshold determining whether or not a claim to acquire the right to manage leads to acquisition of the right to manage.
Read the full article in New Law Journal here.
