RTM Claim Notice

A claim to acquire the RTM any premises is made by the RTM company giving notice of the claim.

The claim notice may not be given unless each person required to be given a notice of invitation to participate has been given such a notice at least 14 days before (section 79(2), CLRA 2002).

The legislation does not specify a period within which the claim notice must be served so it appears possible to delay service of the claim notice indefinitely after service of the notice of invitation to participate. However, there is a risk that a flat will change hands and then a qualifying tenant will not have been given a notice inviting participation so the conditions for entitlement to give the claim notice would no longer be satisfied.

However, on the relevant date (being the date the claim notice is given) the number of qualifying tenants that are members of the RTM company must be not less than one-half of the total number of flats.

Written by James Naylor

Partner, Naylor Solicitors LLP.

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