RTM Tribunal Application

Where the RTM company has been given one or more counter-notices denying the claim, it may apply to the appropriate tribunal for a determination that it was on the date the claim notice was given that it was entitled to acquire the RTM of the premises.

The RTM must make the application to the tribunal not later than two months from and including the date that the counter-notice was given (or, where more than one, the last of the counter-notices) (section 84(4), CLRA 2002).

If the RTM does not make an application or does make an application and then withdraws it, the claim notice is deemed withdrawn (section 87(1), CLRA 2002).

If the tribunal makes a final determination that the RTM company was not entitled to acquire the RTM the premises, the claim notice ceases to have effect (section 84(6), CLRA 2002).

If the tribunal dismisses an application by an RTM company for a determination that it is entitled to acquire the RTM the premises, the RTM company is liable for any costs which such a person incurs as party to any proceedings before the appropriate tribunal.

If the parties cannot agree costs, the appropriate tribunal shall determine any question arising in relation to the amount of any costs payable by an RTM company (section 88(4), CLRA 2002).

Written by James Naylor

Partner, Naylor Solicitors LLP.

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