Part 2Leasehold reform
C1Chapter 1Right to manage
Claim to acquire right
I187 Deemed withdrawal
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such an application is so made but is subsequently withdrawn,
the claim notice is deemed to be withdrawn.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The claim notice is deemed to be withdrawn if—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
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 F3section 1000, 1001 or 1003 of the Companies Act 2006.
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)