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Glossary

Claim notice

Also called: notice of claim, RTM claim notice, section 79 notice

The 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.

The claim notice starts the formal right to manage process.

Who gets it

  • Every landlord under the leases (usually the freeholder, and any intermediate landlord).
  • Any other party to the leases who isn't the landlord or a tenant, such as a management company named in the leases.
  • Any manager appointed by the tribunal under Part 2 of the Landlord and Tenant Act 1987.
  • A copy to every qualifying tenant in the building (s.79(8)).

What it must say

In England it must be in the prescribed form. Among other things, it names the members and their flats, and gives two dates (s.80):

  • a date for any counter-notice, at least one month after the claim notice is given;
  • the intended acquisition date, at least three months after the counter-notice date.

Before you serve it

The company's members must include the qualifying tenants of at least half of the flats (both, if there are only two), and every notice of invitation must have been given at least 14 days earlier (s.79). Only one claim can be live at a time (s.81(3)).

Related terms

Guides that use this term

Sources

  1. Commonhold and Leasehold Reform Act 2002, s.79 (claim notices)
  2. Commonhold and Leasehold Reform Act 2002, s.80 (contents of claim notice)
  3. Commonhold and Leasehold Reform Act 2002, s.81 (claim notices: supplementary)

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