RTM Counter-Notice

A person given a claim notice by an RTM company may give a counter-notice to the company no later than the date specified in the claim notice (section 84(1), CLRA 2002). The date for response for service must be not less than one month from the date the claim notice is given (section 80(6), CLRA 2002).

Only a landlord, a party to the lease otherwise than as landlord or tenant (for example a management company or a guarantor), or a manager appointed under Part II of the LTA 1987 can serve a counter-notice.

A counter-notice does not have to be given (see section 90(3)(b), CLRA 2002). If the landlord or the management company fail to serve a valid counter-notice by the date specified in the claim notice then they lose their right to deny the claim.

Written by James Naylor

Partner, Naylor Solicitors LLP.

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