[2024] UKUT 335 (LC)

The claim notice served by the respondent did not comply with section 79(2) because Ms O’Connor had not been given a notice of invitation to participate. It was therefore voidable, but only at Ms O’Connor’s instance. She has not sought to challenge the claim notice; in fact she has waived the RTM company’s failure, and indeed is content with its acquisition of the right to manage. The claim notice cannot be challenged by anyone else. The FTT’s reasoning cannot stand, but the outcome was correct: the failure to give a notice to Ms O’Connor has not invalidated the claim notice and the right to manage is not prevented.