Glossary
Notice of invitation to participate
Also called: notice inviting participation, NIP, section 78 notice
The prescribed notice an RTM company must give to every qualifying tenant who isn't already a member, inviting them to join, at least 14 days before it serves the claim notice.
Before an RTM company can claim the right to manage, it must invite every qualifying tenantQualifying tenantFor the right to manage, the leaseholder of a flat under a long lease, which normally means a lease granted for more than 21 years. who hasn't joined (or agreed to join) to become a member.
What it must include
- In England, it must be in the prescribed form (Schedule 1 to the 2010 Regulations). Wales has its own form.
- It must either include a copy of the company's articles, or say where and when they can be inspected (including at least one weekend day) and how to order a copy.
The 14-day rule
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. can't be given until at least 14 days after every notice of invitation has been given (s.79(2)). Tribunals treat this as a strict rule: claims have failed because the gap was a day short. Allow extra days for post and keep proof of when and how each notice was delivered.
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