The Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2004

Additional content of notice of invitation to participate

3.—(1) A notice of invitation to participate(1) shall contain (in addition to the statements and invitation referred to in paragraphs (a) to (c) of subsection (2) of section 78 (notice inviting participation) of the 2002 Act), the particulars mentioned in paragraph (2).

(2) The particulars referred to in paragraph (1) are—

(a) the RTM company’s registered number(2), the address of its registered office and the names of its directors and secretary;

(b) the names of the landlord and any third party;

(c) a statement that, subject to the exclusions mentioned in sub-paragraph (e), if the right to manage is acquired by the RTM company, the company will be responsible for—

(i) the discharge of the landlord’s duties under the lease; and

(ii) the exercise of his powers under the lease,

with respect to services, repairs, maintenance, improvements, insurance and management;

(d) a statement that, subject to the exclusion mentioned in sub-paragraph (e)(ii), if the right to manage is acquired by the RTM company, the company may enforce untransferred tenant covenants(3);

(e) a statement that, if the right to manage is acquired by the RTM company, the company will not be responsible for the discharge of the landlord’s duties or the exercise of his powers under the lease—

(i) with respect to a matter concerning only a part of the premises consisting of a flat or other unit not subject to a lease held by a qualifying tenant(4)or

(ii) relating to re-entry or forfeiture;

(f) a statement that, if the right to manage is acquired by the RTM company, the company will have functions under the statutory provisions referred to in Schedule 7 to the 2002 Act;

(g) a statement that the RTM company intends or, as the case may be, does not intend, to appoint a managing agent within the meaning of section 30B(8) of the Landlord and Tenant Act 1985(5); and—

(i) if it does so intend, a statement—

(aa) of the name and address of the proposed managing agent (if known); and

(bb) if it be the case, that the person is the landlord’s managing agent; or

(ii) if it does not so intend, the qualifications or experience (if any) of the existing members of the RTM company in relation to the management of residential property;

(h) a statement that, where the company gives a claim notice(6), a person who is or has been a member of the company may be liable for costs incurred by the landlord and others in consequence of the notice;

(i) a statement that, if the recipient of the notice (of invitation to participate) does not fully understand its purpose or implications, he is advised to seek professional help; and

(j) the information provided in the notes to the form set out in Schedule 1 to these Regulations.

(1)

See section 78(2) of the Commonhold and Leasehold Reform Act 2002.

(2)

See section 705(1) of the Companies Act 1985 (c. 6). Section 705 was substituted by the Companies Act 1989 (c. 40), Schedule 19, paragraph 14.

(3)

As to “untransferred tenant covenants” see section 100(4) of the Commonhold and Leasehold Reform Act 2002.

(4)

As to premises to which Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 applies, see section 72 (and Schedule 6). ). As to “flat” and “unit” see section 112(1). As to “lease” see section 112(2). As to “qualifying tenant”, see sections 75 and 112(4) and (5).

(5)

1985 c. 70. Section 30B was inserted by the Landlord and Tenant Act 1987 (c. 31), section 44.

(6)

As to “claim notice” see section 79(1) of the Commonhold and Leasehold Reform Act 2002.