The statutory procedure
5.The statutory right to manage premises to which Chapter 1 of Part 2 of the Act applies is available to an RTM company which follows the procedure laid down by the Act. The company must first serve notice of invitation to participate on each person who is a qualifying tenant of a flat contained in the premises (section 78(1)). Qualifying tenants are tenants holding a flat under a long lease (section 75(2)). Where a long lease is vested in joint tenants, both are qualifying tenants (section 75(7)).6.Section 78 is concerned with providing information to qualifying tenants and inviting them to participate in the acquisition. Section 78(1)-(2) provide:“78.
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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