Commonhold and Leasehold Reform Act 2002

Prospective

87 Deemed withdrawal E+W

(1) If a RTM company has been given one or more counter-notices containing a statement such as is mentioned in subsection (2)(b) of section 84 but either—

(a) no application for a determination under subsection (3) of that section is made within the period specified in subsection (4) of that section, or

(b) such an application is so made but is subsequently withdrawn,

the claim notice is deemed to be withdrawn.

(2) The withdrawal shall be taken to occur—

(a) if paragraph (a) of subsection (1) applies, at the end of the period specified in that paragraph, and

(b) if paragraph (b) of that subsection applies, on the date of the withdrawal of the application.

(3) Subsection (1) does not apply if the person by whom the counter-notice was given has, or the persons by whom the counter-notices were given have, (before the time when the withdrawal would be taken to occur) agreed in writing that the RTM company was on the relevant date entitled to acquire the right to manage the premises.

(4) The claim notice is deemed to be withdrawn if—

(a) a winding-up order or an administration order is made, or a resolution for voluntary winding-up is passed, with respect to the RTM company,

(b) a receiver or a manager of the RTM company’s undertaking is duly appointed, or possession is taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the RTM company comprised in or subject to the charge,

(c) a voluntary arrangement proposed in the case of the RTM company for the purposes of Part 1 of the Insolvency Act 1986 (c. 45) is approved under that Part of that Act, or

(d) the RTM company’s name is struck off the register under section 652 or 652A of the Companies Act 1985 (c. 6).

Commencement Information

I1 S. 87 wholly in force at 30.3.2004; s. 87 not in force at Royal Assent see s. 181(1); s. 87 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 87 wholly in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)