Part 2Leasehold reform
C1Chapter 1Right to manage
Claim to acquire right
I179 Notice of claim to acquire right
1
A claim to acquire the right to manage any premises is made by giving notice of the claim (referred to in this Chapter as a “claim notice”); and in this Chapter the “relevant date”, in relation to any claim to acquire the right to manage, means the date on which notice of the claim is given.
2
The claim 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.
3
The claim notice must be given by a RTM company which complies with subsection (4) or (5).
4
If on the relevant date there are only two qualifying tenants of flats contained in the premises, both must be members of the RTM company.
5
In any other case, the membership of the RTM company must on the relevant date include a number of qualifying tenants of flats contained in the premises which is not less than one-half of the total number of flats so contained.
6
The claim notice must be given to each person who on the relevant date is—
a
landlord under a lease of the whole or any part of the premises,
b
party to such a lease otherwise than as landlord or tenant, or
c
a manager appointed under Part 2 of the Landlord and Tenant Act 1987 (c. 31) (referred to in this Part as “the 1987 Act”) to act in relation to the premises, or any premises containing or contained in the premises.
7
Subsection (6) does not require the claim notice to be given to a person who cannot be found or whose identity cannot be ascertained; but if this subsection means that the claim notice is not required to be given to anyone at all, section 85 applies.
8
A copy of the claim notice must be given to each person who on the relevant date is the qualifying tenant of a flat contained in the premises.
9
Where a manager has been appointed under Part 2 of the 1987 Act to act in relation to the premises, or any premises containing or contained in the premises, a copy of the claim notice must also be given to the leasehold valuation tribunal or court by which he was appointed.
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)