Albion Residential Ltd v Albion Riverside Residents RTM Company Ltd [2014] UKUT 6: Building Means A ‘Built Structure Above Ground’ Is Rejected

Summary: A building was not structurally detached as it was joined to another building at subterranean level by a car park. The submission that building means “a built structure above ground” was rejected. The tribunal also rejected the submission that that it is incumbent on the recipient of a claim notice given under section 79(6) of the 2002 Act to raise in its counter-notice every challenge to the claim which it wants the LVT to consider (Fairhold (Yorkshire) Limited v Trinity Wharf (SE16) RTM Co Ltd [2013] UKUT 0503 (LC) applied).

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