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This is different from the Section 82 Right to Information Notice. Section 82 required information for the purpose of serving the Notice of Claim. Section 93 concerns information relating to the management of the building.
The Section 93 Notice may be served at any time, but the Landlord is not obliged to act on it before the acquisition date. The landlord must comply within 28 days of service of the Section 93 Notice but he cannot be compelled to do so before the acquisition date.
The date the RTM company takes over management control will be one of the following:
As the Right to Manage process is not default-based, the landlord is not excluded entirely from involvement in the future management process. On the handover date, the landlord becomes entitled to membership of the RTM company, with one vote per unit that he holds. If he holds no units, then he is still entitled to one vote as landlord. If there is more than one landlord, the leaseholders’ votes should be allocated pro-rata in the Articles of Association to ensure that leaseholders’ votes are not outnumbered.
The RTM company should apply to the Land Registry for an entry to be made in the proprietorship register of the freehold title. The entry should record that the RTM company has formally acquired a right to manage the property.
“Pembroke Property Management were recommended to me by a fellow leaseholder. Our contact, Claire Hollywood, was very helpful throughout. Within the space of 4 weeks she had set our new Right to Manage company, contacted all the leaseholders to explain the process and sign them up as members, and served the Claim Notice on the landlord. The landlord accepted our Right to Manage almost immediately and even agreed to hand over management control to us early. We took over full management of our property just 3 weeks later. I was extremely happy with Claire’s very good and efficient service”. Sharon French, RTM Company Director