Commonhold and Leasehold Reform Act 2002

Prospective

123 Invitation to participate E+W

(1) After section 12 of the 1993 Act insert—

“The notice of invitation to participate E+W

12A Notice by RTE company inviting participation

(1) Before making a claim to exercise the right to collective enfranchisement with respect to any premises, a RTE company must give notice to each person who at the time when the notice is given—

(a) is the qualifying tenant of a flat contained in the premises, but

(b) neither is nor has agreed to become a participating member of the RTE company.

(2) A notice given under this section (a “notice of invitation to participate”) must—

(a) state that the RTE company intends to exercise the right to collective enfranchisement with respect to the premises,

(b) state the names of the participating members of the RTE company,

(c) explain the rights and obligations of the members of the RTE company with respect to the exercise of the right (including their rights and obligations in relation to meeting the price payable in respect of the freehold, and any other interests to be acquired in pursuance of this Chapter, and associated costs),

(d) include an estimate of that price and those costs, and

(e) invite the recipients of the notice to become participating members of the RTE company.

(3) A notice of invitation to participate must either—

(a) be accompanied by a copy of the memorandum of association and articles of association of the RTE company, or

(b) include a statement about inspection and copying of the memorandum of association and articles of association of the RTE company.

(4) A statement under subsection (3)(b) must—

(a) specify a place (in England or Wales) at which the memorandum of association and articles of association may be inspected,

(b) specify as the times at which they may be inspected periods of at least two hours on each of at least three days (including a Saturday or Sunday or both) within the seven days beginning with the day following that on which the notice is given,

(c) specify a place (in England or Wales) at which, at any time within those seven days, a copy of the memorandum of association and articles of association may be ordered, and

(d) specify a fee for the provision of an ordered copy, not exceeding the reasonable cost of providing it.

(5) Where a notice given to a person includes a statement under subsection (3)(b), the notice is to be treated as not having been given to him if he is not allowed to undertake an inspection, or is not provided with a copy, in accordance with the statement.

(6) A notice of invitation to participate shall not be invalidated by any inaccuracy in any of the particulars required by or by virtue of this section.”

(2) In section 13 of the 1993 Act, after subsection (2ZA) (inserted by section 121(3)) insert—

“(2ZB) The initial 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.”