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Glossary

Acquisition date

Also called: RTM acquisition date, takeover date

The date on which an RTM company takes over the management of the building from the landlord.

From the acquisition date, the RTM company is responsible for the services, repairs, maintenance, insurance and management the landlord used to provide under the leases.

How the date is fixed (s.90)

  • No dispute: the date given in the claim noticeClaim noticeThe prescribed notice in which an RTM company tells the landlord (and anyone else with management duties under the leases) that it claims the right to manage, and names the date it intends to take over..
  • Dispute decided by the tribunal: three months after the decision becomes final.
  • Landlord later agrees in writing: three months after the agreement.

What happens around it

  • Before the date, the outgoing manager must give notices about existing contracts (s.92), and the RTM company can ask for the information it needs to manage (s.93).
  • On the date (or as soon as reasonably practicable), the outgoing manager must hand over the service-charge money it holds that isn't already committed: the accrued uncommitted service chargesAccrued uncommitted service chargesThe service-charge money held by the outgoing landlord or managing agent on the RTM acquisition date, less what is needed for costs already incurred, which must be paid over to the RTM company. (s.94).
  • From the date, the company issues demands, arranges repairs and becomes the responsible personResponsible person (fire safety)The person or organisation in control of a building's common parts in connection with a business or undertaking, who is legally responsible for fire safety there under the Fire Safety Order. for fire safety in the common parts.

See The acquisition date and after.

Sources

  1. Commonhold and Leasehold Reform Act 2002, s.90 (the acquisition date)
  2. Commonhold and Leasehold Reform Act 2002, s.96 (management functions under leases)

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