Q&As

Can section 82 of the Commonhold and Leasehold Reform Act 2002 be used by a leaseholder to compel a freeholder to supply contact details for other leasesholders who have not responded to a notice to participate in an RTM company and subsequent right to manage claim?

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Produced in partnership with Laura Bushaway
Published on LexisPSL on 23/09/2020

The following Property Disputes Q&A produced in partnership with Laura Bushaway provides comprehensive and up to date legal information covering:

  • Can section 82 of the Commonhold and Leasehold Reform Act 2002 be used by a leaseholder to compel a freeholder to supply contact details for other leasesholders who have not responded to a notice to participate in an RTM company and subsequent right to manage claim?

Section 82 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) enables an RTM company to serve an information notice on a third party, such as the landlord or the landlord’s managing agent, requesting information which it ‘reasonably requires for ascertaining the particulars required by or by virtue of section 80 to be included in a claim notice for claiming to acquire the right to manage the premises’ (the ‘information notice’). As such, this right is limited to information which the RTM company reasonably requires to be included in the claim notice. It extends only to information within the possession or control of the person served with the notice (CLRA 2002, s 82(1)(a)). The recipient of the information notice has 28 days to comply and provide the information requested in the information notice.

The freeholder or their managing agent will hold the contact details for all of the leaseholders in the building in order to send ground rent and/or service charge demands and other communications in relation to the management of the building.

Purs

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