Disposal
34.For these reasons I allow the appeal on issues 1 and 2 and make no decision on issue 3. The result is that the RTM company was not entitled to make the claim and did not acquire the right to manage. Martin Rodger KC,Deputy Chamber President13 March 2023
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- Introduction
- The statutory procedure
- Notice inviting participation
- The facts
- The FTT’s decision
- The grounds of appeal
- Issue 1: The consequence of failing to serve notices of invitation to participate on all qualifying tenants who were not already members of the RTM company
- Issue 2: Did the evidence establish that the leaseholder of flat 87 was both a qualifying tenant and a member of the RTM company?
- Issue 3: Did the failure to include the name of the qualifying tenant of flat 87 in the claim notice invalidated the claim?
- Disposal
- Right of appeal