Q&As

Where a right to manage (RTM) company has served its claim notice under section 79 of the Commonhold and Leasehold Reform Act 2002 and a qualifying tenant subsequently disposes of its flat in the period between service of the claim notice and the acquisition date, can the purchaser of the flat become a member of the RTM company? Would the flat disposal and/or the purchaser of the flat becoming a member of the RTM company have any impact on the RTM claim given the claim notice has already been served?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 15/01/2019

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a right to manage (RTM) company has served its claim notice under section 79 of the Commonhold and Leasehold Reform Act 2002 and a qualifying tenant subsequently disposes of its flat in the period between service of the claim notice and the acquisition date, can the purchaser of the flat become a member of the RTM company? Would the flat disposal and/or the purchaser of the flat becoming a member of the RTM company have any impact on the RTM claim given the claim notice has already been served?

Where a right to manage (RTM) company has served its claim notice under section 79 of the Commonhold and Leasehold Reform Act 2002 and a qualifying tenant subsequently disposes of its flat in the period between service of the claim notice and the acquisition date, can the purchaser of the flat become a member of the RTM company? Would the flat disposal and/or the purchaser of the flat becoming a member of the RTM company have any impact on the RTM claim given the claim notice has already been served?

This is assuming the qualifying tenant who disposed of its flat was a member of the right to manage (RTM) company.

Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) introduced the right of long leasehold tenants to manage the building within which their properties are comprised through a company known as a

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