Commonhold and Leasehold Reform Act 2002 (c. 15)

Part 2 E+W Leasehold reform

Chapter 1 E+W Right to manage

Modifications etc. (not altering text)

C1 Pt. 2 Ch. 1: power to amend conferred (20.1.2007 for specified purposes, otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1181(1)(b), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 5, 6, 8, Schs. 1, 5); S.I. 2008/2860, art. 3(v) (with arts. 5, 7, 8, Sch. 2)

Qualifying rules E+W

73 RTM companies E+W

(1) This section specifies what is a RTM company.

(2) A company is a RTM company in relation to premises if—

(a) it is a private company limited by guarantee, and

(b) its [F1 articles of association state] that its object, or one of its objects, is the acquisition and exercise of the right to manage the premises.

(3) But a company is not a RTM company if it is a commonhold association (within the meaning of Part 1).

(4) And a company is not a RTM company in relation to premises if another company is already a RTM company in relation to the premises or to any premises containing or contained in the premises.

(5) If the freehold of any premises is conveyed or transferred to a company which is a RTM company in relation to the premises, or any premises containing or contained in the premises, it ceases to be a RTM company when the conveyance or transfer is executed.

Textual Amendments

F1 Words in s. 73(2)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Sch. 1 para. 194(15) (with art. 10)

Commencement Information

I1 S. 73 wholly in force at 30.3.2004; s. 73 not in force at Royal Assent see s. 181(1); s. 73 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 73 wholly in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)