Q&As

When completing a statutory lease extension upon a three party lease, would a Right to Manage Company (which has taken over management duties subsequent to the date of the lease) need to be a party to the new lease or should the new lease be drafted as per the original with the management company (which is active) as a party?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 28/01/2016

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

  • When completing a statutory lease extension upon a three party lease, would a Right to Manage Company (which has taken over management duties subsequent to the date of the lease) need to be a party to the new lease or should the new lease be drafted as per the original with the management company (which is active) as a party?

When completing a statutory lease extension upon a three party lease, would a Right to Manage Company (which has taken over management duties subsequent to the date of the lease) need to be a party to the new lease or should the new lease be drafted as per the original with the management company (which is active) as a party?

In the above circumstances, the parties to the new lease should be limited to the original parties.

Under Part 2, Chapter 1 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), qualifying leaseholders of flats have the collective right to take control of their block (the right to manage—RTM), on a 'no-fault' basis. This is done through the leaseholder's use of a 'RTM Company' (see Practice Note: The right to manage).

The RTM Company operates by the statutory transfer of the management functions (ie including the management obligations) of the landlord, and/or any management

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