Counter-notice

Anyone who received 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. as a landlord or other party to the leases can reply with a counter-notice by the date given in the claim notice.

The two kinds

• Admitting the claim. The RTM company takes over on the acquisition date in the claim notice.
• Disputing the claim. The counter-notice must point to the specific provision of the Act that the landlord says hasn't been met (s.84(2)).

If the claim is disputed

• The RTM company can apply to the First-tier Tribunal (Property Chamber)First-tier Tribunal (Property Chamber)The tribunal in England that decides most leasehold disputes, including right to manage claims, whether service charges are payable or reasonable, and applications for dispensation from Section 20 consultation. to decide whether it is entitled. It must apply within two months of the counter-notice (or the last one, if there are several) (s.84(4)).
• If it doesn't apply in time, the claim is treated as withdrawn (s.87).
• If the tribunal decides for the company, it takes over three months after the decision becomes final.

If no counter-notice arrives by the date in the claim notice, there is no dispute and the claim goes ahead.