Part 2Leasehold reform
C1Chapter 1Right to manage
Acquisition of right
I190 The acquisition date
1
This section makes provision about the date which is the acquisition date where a RTM company acquires the right to manage any premises.
2
Where there is no dispute about entitlement, the acquisition date is the date specified in the claim notice under section 80(7).
3
For the purposes of this Chapter there is no dispute about entitlement if—
a
no counter-notice is given under section 84, or
b
the counter-notice given under that section, or (where more than one is so given) each of them, contains a statement such as is mentioned in subsection (2)(a) of that section.
4
Where the right to manage the premises is acquired by the company by virtue of a determination under section 84(5)(a), the acquisition date is the date three months after the determination becomes final.
5
Where the right to manage the premises is acquired by the company by virtue of subsection (5)(b) of section 84, the acquisition date is the date three months after the day on which the person (or the last person) by whom a counter-notice containing a statement such as is mentioned in subsection (2)(b) of that section was given agrees in writing that the company was on the relevant date entitled to acquire the right to manage the premises.
6
Where an order is made under section 85, the acquisition date is (subject to any appeal) the date specified in the order.
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)