Supreme Court judgment in A1 Properties (Sunderland) v Tudor Studios RTM Co – Philip Rainey KC and Mark Loveday appeared for the interveners

Philip Rainey KC and Mark Loveday acted for the Association of Leasehold Enfranchisement Practitioners (ALEP) in the landmark Supreme Court decision in A1 Properties v Tudor Studios RTM.   The decision, handed down on 16th August, re-sets the approach of the courts to minor procedural errors made when attempting to comply with the often complex requirements of property statutes.  In doing so, the court partly overruled 2015 guidance by the Court of Appeal in Natt v Osman, which laid down stricter rules for compliance with procedural requirements in property legislation, and disagreed with the reasoning of the Court of Appeal in Elim Court (2018)

ALEP is the organisation representing lawyers and surveyors in this specialist field.  After allowing them to intervene, the Supreme Court took the unusual step of allowing oral submissions by Philip Rainey KC alongside the parties to the appeal on 8th January 2024.  And in dismissing the appeal, the Supreme Court accepted arguments advanced by ALEP and the appellant right to manage company that Natt v Osman was inconsistent with the revised framework for assessing compliance with statutory requirements laid down in the earlier 2005 House of Lords decision in R v Soneji.

Philip Rainey KC stated: “This is a key decision relevant not just to RTM cases, but applicable to all sorts of notices required to be given by property statutes, and which gives welcome clarification as to how the consequences of non-compliance are to be assessed. I want to particularly thank Mark Loveday and the teams at ALEP and Bishop & Sewell solicitors for their hard work in this important appeal.”

The judgment is here. A detailed commentary on the decision will follow.

If you would like more information on Philip Rainey KC and/or Mark Loveday’s practices, please contact Alex Southern or Richard Powell.