Q&As

Does a right to manage company (Company) need to consult with the landlord (who is not a member of the Company) first regarding replacing windows in a flat block? Does the Company have to go through the consultation procedure under the Landlord and Tenant Act 1985 for qualifying works?

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Published on LexisPSL on 18/12/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Does a right to manage company (Company) need to consult with the landlord (who is not a member of the Company) first regarding replacing windows in a flat block? Does the Company have to go through the consultation procedure under the Landlord and Tenant Act 1985 for qualifying works?
  • Does the landlord have to become a member of the Company?
  • Is consent or approval required from the landlord, or does the landlord need to be notified in advance, for the Company to replace the windows?
  • Does the Company need to go through the usual steps under Landlord and Tenant Act 1985 for qualifying works?
  • Consulting with tenants
  • Consulting with the landlord

Does a right to manage company (Company) need to consult with the landlord (who is not a member of the Company) first regarding replacing windows in a flat block? Does the Company have to go through the consultation procedure under the Landlord and Tenant Act 1985 for qualifying works?

Does the landlord have to become a member of the Company?

Commonhold and Leasehold Reform Act 2002, s 74 (CLRA 2002) provides that:

The persons who are entitled to be members of a company which is a RTM company in relation to premises are—

  1. qualifying tenants of flats contained in the premises, and

  2. from the date on which it acquires the right to manage (referred to in this Chapter as the “acquisition date”), landlords under leases of the whole or any part of the premises

So the Landlord may, but does not have to, be a member of the RTM company.

Is consent or approval required from the landlord, or does the landlord need to be notified in advance, for the Company to replace the windows?

We assume that:

  1. on the basis that the Company proposes to recover the costs of this replacement from the service charge, that the Company will be acting as landlord, undertaking the landlord management functions under the CLRA 2002, s 96

  2. the long lease excluded the relevant part of the window to be replaced from the

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