Q&As

In a claim notice for the right to manage, both the prescribed form and section 80 of the Commonhold and Leasehold Reform Act 2002 require the notice to include 'the full name of each person who is both (a) the qualifying tenant of a flat contained in the premises, and (b) a member of the right to manage (RTM) company, and the address of his flat'. Does this mean that the notice need not list the tenants who have not agreed to become members of the RTM Company?

read titleRead full title
Published on LexisPSL on 09/09/2020

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

  • In a claim notice for the right to manage, both the prescribed form and section 80 of the Commonhold and Leasehold Reform Act 2002 require the notice to include 'the full name of each person who is both (a) the qualifying tenant of a flat contained in the premises, and (b) a member of the right to manage (RTM) company, and the address of his flat'. Does this mean that the notice need not list the tenants who have not agreed to become members of the RTM Company?

A claim to acquire the right to manage any premises is made by giving notice of the claim (referred to in CLRA 2002 as a 'claim notice' (CLRA 2002, s 79(1)). The claim notice must be given by a right to manage (RTM) company (CLRA 2002, s 79(3)). If on the date the notice is served, there are only two qualifying tenants of flats in the building, both of them must be members of the company (CLRA 2002, s 79(4)). In any other case, the membership of the company must include a number of qualifying tenants equal to not less than one half of the number of flats in the building (CLRA 2002, s 79(5)). Provision is made as to the people to whom notice must be given—essentiall

Related documents:

Popular documents