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The Claim Notice may not be served until at least 14 days after serving the Notice Inviting Participation. The Claim Notice must be served on the landlord, each qualifying tenant, and any parties to the lease other than the leaseholder.
It is the Claim Notice which brings the exercise of the Right to Manage into being and sets the date for the RTM company to take over the management. Our Legal Services team will ensure that it is in the form perscribed by law, containing;
If the landlord, or any of the other parties on whom the Notice of Claim must be served, cannot be found, this will not present an obstacle to exercising of the right. An application may be made to the First Tier Tribunal (Property Chambers) for an order entitling the RTM company to acquire the right. The RTM company must first have taken all reasonable steps to find the missing landlord, and informed all qualifying leaseholders of its intention to seek an order from the Tribunal.
A Right of Access Notice can only be served after the Notice of Claim. There is no perscribed form but at least 10 day’s notice of access must be given. This is a right to gain access to areas of the block not generally accessible to leaseholders. It enables professional inspection of plant and facilities for the purpose of evaluating any necessary repairs.
A Counter Notice may be served by a person who has received the RTM Claim Notice. It must be in the form perscribed by law and be served no later than the date specified in the Claim Noitce. The Counter Notice can confirm acceptance of the RTM or allege reasons why the RTM company is not entitled to proceed. If no Counter Notice is served, the Right to Manage is ‘deemed’ to have been aquired by the RTM Company.
If the landlord does not agree to the right to manage, the RTM company may make an application to the First Tier Tribunal (Property Chambers). This must be made within 2 months of the Counter Notice being served. The Tribunal will determine whether the RTM company is entitled to the RTM.
The landlord must also serve the following notices as soon as possible after receiving the Notice of Claim:
– Contractor Notice, this is served on all contractors appointed by the landlord. It informs them that the RTM company is taking over the management.
– Contract Notice, this is served on the RTM company. It gives the particulars of the existing contracts.
“A big thank you for making the Right to Manage process so easy., with the end result of being able to make the decisions that affect us ourselves”. Daniel Newman, RTM Company Director