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.
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).
A claim to acquire the RTM any premises is made by the RTM company giving notice of the claim.
The notice inviting participation must be in the prescribed form including the notes. In England, the form is prescribed by the English RTM Prescribed Form Regulations 2010 and in Wales by the Welsh RTM Prescribed Form Regulations 2011.
The RTM company must give a notice inviting participation in the RTM to each person who satisfies both of the following criteria at the time when the notice is given:
The RTM has to be exercised through an RTM company which must be a private company limited by guarantee (sections 73 and 122, CRLA 2002).
We are delighted that Alison Purves has joined the firm as an Associate in our Real Estate Litigation Team. Alison previously worked at City firm Fladgate LLP and before that Thomas Eggar LLP. Alison’s appointment bolsters Naylor’s real estate litigation offering, and provides further expertise in advising corporations and individuals on a wide range of contentious real estate matters. Alison has extensive experience of advising on commercial and residential landlord and tenant issues, together with dilapidations, restrictive covenants, easements, rent arrears, service charge disputes and title issues. In additions to all aspects of real estate litigation, Naylors also advises upon commercial and insolvency litigation, commercial property (including office, warehouse, restaurant and pub leases), and leasehold enfranchisement and right to manage matters.
A person is the qualifying tenant of a flat if that person is tenant of the flat under a long lease (section 75(2), CLRA 2002).
Right to manage is the process of taking control from the landlord over the management functions of your building. There are several advantages to the RTM process.
Tenants in leasehold developments often believe the managing agents are acting on their behalf when in reality they are acting on behalf of, and report to, the landlord.