In an interesting recent case*, the County Court has considered whether a landlord's right to develop its property is in conflict with the rights of a right to manage (RTM) company to manage the building.
The landlord sought to build a new flat on the roof space of an existing block of flats. The tenants of the current top floor flat and the RTM company objected. The RTM company argued that the transfer of the management functions under the RTM legislation prevented the landlord from building the new flat.
The court found that the RTM legislation required the RTM company to manage the roof of the building. This obligation would be affected by the works needed to build the new flat.
However, the tension could be resolved by allowing the landlord to carry out the works if the landlord took all reasonable steps to minimise the disturbance to the management functions of the RTM company during and after the works.
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*(Francia Properties Ltd v Aristou and others (unreported), 3 and 4 August 2016, (County Court).