Part 2Leasehold reform

C1Chapter 1Right to manage

Annotations:
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)

Claim to acquire right

I181 Claim notice: supplementary

1

A claim notice is not invalidated by any inaccuracy in any of the particulars required by or by virtue of section 80.

2

Where any of the members of the RTM company whose names are stated in the claim notice was not the qualifying tenant of a flat contained in the premises on the relevant date, the claim notice is not invalidated on that account, so long as a sufficient number of qualifying tenants of flats contained in the premises were members of the company on that date; and for this purpose a “sufficient number” is a number (greater than one) which is not less than one-half of the total number of flats contained in the premises on that date.

3

Where any premises have been specified in a claim notice, no subsequent claim notice which specifies—

a

the premises, or

b

any premises containing or contained in the premises,

may be given so long as the earlier claim notice continues in force.

4

Where a claim notice is given by a RTM company it continues in force from the relevant date until the right to manage is acquired by the company unless it has previously—

a

been withdrawn or deemed to be withdrawn by virtue of any provision of this Chapter, or

b

ceased to have effect by reason of any other provision of this Chapter.