UPDATE: Mr Joseph Gurvits, of Y and Y Management, wants to make clear that neither he nor his company are not formally part of the appeal process.
Freeholder Israel Moskovitz and his business associate and managing agent Joseph Gurvits have failed to obtain leave for appeal against the decision to grant Regent Court in Plymouth its right to manage.
Regent Court, a retirement complex, won its epic 20-month battle in July, when the Upper Tribunal (Lands Chamber) upheld last year’s LVT ruling that the retirement site have right to manage.
Sir Keith Lindblom, president of the Upper Tribunal, rejected Moskovitz / Gurvits attempt to appeal the matter further stating “there is no sound basis for an appeal in this case, nor any other good reason for an appeal to be heard”.
But Moskovitz / Gurvits have until August 26 to ask whether they can appeal the decision to the Court of Appeal.
Regent Court has had an epic struggle to win right to manage from the London property duo, who trade here as freeholder Avon Freehold Limited and property manager Y and Y Management, which is a recent member of ARMA.
Gurvits is a well known figure to London leaseholders and his wife, Esther, runs Eagerstates managing agents.
The RTM marathon has been fought for the residents by the Sussex-based Right To Manage Federation, headed by Dudley Joiner.
Another retirement site, Elim Court, also owned and run by Moskovitz/ Gurvits is still fighting for RTM having failed in January.
The residents are appealing to the Upper Tribunal (Lands Chamber) and the case may not be heard until next year.
It is shameful that pensioners seeking to exercise what our legislators imagined would be a simple no-fault right to manage process can be frustrated for years by a series of legal stratagems and manoeuvers.
It cannot possibly be right that a key protection for leaseholders – right to manage – can be thwarted without any thought to the benefit of the pensioners, who have made their wishes clear. Several of the original applicants have died.
MPs need to revisit the rules of right to manage and make them simpler and easier, so that the servants of freeholders can be sent packing when it is clear that they are unwanted.
Peverel receives a lot of criticism on this site, but it has never fought a right to manage in this fashion.