2011 No. 2684 (W.287)
The Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred upon the National Assembly for Wales by sections 78(2)(d) and (3), 80(8) and (9), 84(2), 92(3) and (7) and 178 (1) (a), (b), (c) and 179(1) of the Commonhold and Leasehold Reform Act 20021 and section 26(3) of the Welsh Language Act 19932 and now vested in them3.
Title, commencement and application1
1
The title of these Regulations is the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011 and they come into force on 30 November 2011.
2
These Regulations apply in relation to premises in Wales.
Interpretation2
In these Regulations—
“the 2002 Act” (“Deddf 2002”) means the Commonhold and Leasehold Reform Act 2002;
“landlord”, (“landlord”) in relation to RTM premises, means a person who is landlord under a lease of the whole or any part of the premises4;
“RTM premises” (“mangre RTM”) means premises as regards which a Right to Manage company (“RTM company”) intends to acquire the right to manage5;
“third party” (“trydydd parti”), in relation to RTM premises, means a person who is party to a lease of the whole or any part of the premises otherwise than as landlord or tenant6.
Additional content of notice of invitation to participate3
1
A notice of invitation to participate must contain, in addition to the statements and information referred to in section 78(2)(a) to (c) of the 2002 Act (notice inviting participation), the particulars mentioned in paragraph (2).
2
The particulars referred to in paragraph (1) are—
a
the RTM company’s registered number7, the address of its registered office and the names of its directors and, if applicable, secretary;
b
the names of the landlord and any third party;
c
a statement that, subject to the exclusions mentioned in sub-paragraph (e), if the right to manage is acquired by the RTM company, the company will be responsible for—
i
the discharge of the landlord’s duties under the lease; and
ii
the exercise of his or her powers under the lease,
with respect to services, repairs, maintenance, improvements, insurance and management;
d
a statement that, subject to the exclusion mentioned in sub-paragraph (e)(ii), if the right to manage is acquired by the RTM company, the company may enforce untransferred tenant covenants8;
e
a statement that, if the right to manage is acquired by the RTM company, the company will not be responsible for the discharge of the landlord’s duties or the exercise of his or her powers under the lease—
i
with respect to a matter concerning only a part of the premises consisting of a flat or other unit not subject to a lease held by a qualifying tenant9; or
ii
relating to re-entry or forfeiture;
f
a statement that, if the right to manage is acquired by the RTM company, the company will have functions under the statutory provisions referred to in Schedule 7 to the 2002 Act;
g
a statement that the RTM company intends or, as the case may be, does not intend, to appoint a managing agent; and—
i
if it does so intend, a statement—
aa
of the name and address of the proposed managing agent (if known); and
bb
if it is the case, that the person is the landlord’s managing agent; or
ii
if it does not so intend, the qualifications or experience (if any) of the existing members of the RTM company in relation to the management of residential property;
h
a statement that, where the RTM company gives a claim notice10, a person who is or has been a member of the company may be liable for costs incurred by the landlord and others in consequence of the notice;
i
a statement that, if the recipient of the notice (of invitation to participate) does not fully understand its purpose or implications, he or she is advised to seek professional help; and
j
the information provided in the notes to the form set out in Schedule 1 to these Regulations.
Additional content of claim notice4
A claim notice must contain, in addition to the particulars required by section 80(2) to (7) (contents of claim notice) of the 2002 Act—
a
a statement that a person who—
i
does not dispute the RTM company’s entitlement to acquire the right to manage11; and
ii
is the manager party under a management contract12 subsisting immediately before the date specified in the claim notice,
must, in accordance with section 92 of the 2002 Act (duties to give notice of contracts), give a notice to the RTM company and to the person who is the contractor party13;
b
a statement that, from the acquisition date14, landlords under leases of the whole or any part of the premises to which the claim notice relates are entitled to be members of the RTM company;
c
a statement that the notice is not invalidated by any inaccuracy in any of the particulars required by section 80(2) to (7) of the 2002 Act or this regulation, but that a person who is of the opinion that any of the particulars contained in the claim notice are inaccurate may—
i
identify the particulars in question to the RTM company by which the notice was given; and
ii
indicate the respects in which they are considered to be inaccurate;
d
a statement that a person who receives the notice but does not fully understand its purpose, is advised to seek professional help; and
e
the information provided in the notes to the form set out in Schedule 2 to these Regulations.
Additional content of counter-notice5
A counter-notice must contain (in addition to the statement referred to in section 84(2(a) and (b) (counter-notices) of the 2002 Act)—
a
a statement that, where the RTM company has been given one or more counter-notices containing such a statement as is mentioned in section 84(2)(b) of the 2002 Act, the company may apply to a leasehold valuation tribunal for a determination that, on the date on which notice of the claim was given, the company was entitled to acquire the right to manage the premises specified in the claim notice;
b
a statement that, where the RTM company has been given one or more counter-notices containing such a statement as is mentioned in section 84(2)(b) of the 2002 Act, the company does not acquire the right to manage the premises specified in the claim notice unless—
i
on an application to a leasehold valuation tribunal, it is finally determined15 that the company was entitled to acquire the right to manage the premises; or
ii
the person by whom the counter-notice was given agrees, or the persons by whom the counter-notices were given agree, in writing, that the company was so entitled; and
c
the information provided in the notes to the form set out in Schedule 3 to these Regulations.
Additional content of contractor notice6
1
A contractor notice16 must contain (in addition to the particulars referred to in paragraphs (a) to (d) of section 92(3) (duties to give notice of contracts) of the 2002 Act) the statement that, should the person to whom the notice is given wish to provide to the RTM company services which, as the contractor party, it has provided to the manager party under the contract, it is advised to contact the RTM company at the address given in the notice; and
2
the information provided in the notes to the form set out in Schedule 4 to these Regulations.
Additional content of contract notice7
A contract notice17 must contain (in addition to the particulars referred to in section 92(7)(a) of the 2002 Act)—
a
the address of the person who is the contractor party, or sub-contractor party18, under the contract of which particulars are given in the notice;
b
a statement that, should the RTM company wish to avail itself of the services which the contractor party, or sub-contractor party, has provided to the manager party under that contract, it is advised to contact the contractor party, or sub-contractor party, at the address given in the notice; and
c
The information provided in the notes to the form set out in Schedule 5 to these Regulations.
Form of notices8
1
Notices of invitation to participate must be in the form set out in Schedule 1 to these Regulations or a form to the like effect provided that it contains all of the prescribed particulars as set out in regulation 3.
2
Claim notices must be in the form set out in Schedule 2 to these Regulations or a form to the like effect provided that it contains all of the prescribed particulars as set out in regulation 4.
3
Counter-notices must be in the form set out in Schedule 3 to these Regulations or a form to the like effect provided that it contains all of the prescribed particulars as set out in regulation 5.
4
Contractor notices must be in the form set out in Schedule 4 to these Regulations or a form to the like effect provided that it contains all of the prescribed particulars as set out in regulation 6.
5
Contract notices must be in the form set out in Schedule 5 to these Regulations or a form to the like effect provided that it contains all of the prescribed particulars as set out in regulation 7.
Revocations and transitional provisions9
1
The Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 200419 (“the 2004 Regulations”) are revoked.
2
Any notice served under the 2004 Regulations will be treated on or after the coming into force of these Regulations as if it had been served under them.
SCHEDULE 1FORM OF NOTICE OF INVITATION TO PARTICIPATE
COMMONHOLD AND LEASEHOLD REFORM ACT 2002
Notice of invitation to participate in right to manage
SCHEDULE 2FORM OF CLAIM NOTICE
COMMONHOLD AND LEASEHOLD REFORM ACT 2002
Claim Notice
SCHEDULE 3FORM OF COUNTER-NOTICE
COMMONHOLD AND LEASEHOLD REFORM ACT 2002
Counter-notice
SCHEDULE 4FORM OF CONTRACTOR NOTICE
COMMONHOLD AND LEASEHOLD REFORM ACT 2002
Contractor Notice
SCHEDULE 5FORM OF CONTRACT NOTICE
COMMONHOLD AND LEASEHOLD REFORM ACT 2002
Contract Notice
(This note is not part of the Regulations)