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Step 4 - Serve Claim Notice on Freeholder or Landlord
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If your RTM company is now created you are ready to claim your right to manage by serving a notice to claim your Right to Manage(This is required by Section 79 of the Commonhold & Leasehold Reform Act 2002)
All you need to do is:
- Buy & Download Claim Notice
- Serve Claim Notice on Freeholder or Landlord
- Wait 4 months
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TIPS on Claim Notices
- Fill in the claim notice and serve it on the Freeholder or landlord or Manager appointed under Part 2 of the 1987 Landlord & Tenant Act.
- You SHOULD serve the Claim Notice on all Freeholders, intermediate Landlords.
- You will NEED details of all under leases to enter into a schedule attached to the Claim Notice
- You MUST state the date from which you intend to take over management, this must be no less than 4 months from the date of the Claim Notice
- Whilst you are waiting for the handover and the start of your management you will need to think about the future service charge collection, financial accounting and management of your block.
Make Sure
- You have sufficient documentation to prove the members are qualifying tenants
- You have a valid Memorandum of Association that meets the 2002 Act criteria
- You have a certificate of incorporation to prove your RTM company is incorporated
- You do not have more than 25% commercial space in the building (anything close to this number is likely to be disputed and require detailed surveyor measurements)
- The date for the Freeholder or Landlord to provide Counter Notice is insufficiently long (a minimum of 2 months)
- Any non-participants are provided with reasonable access to the required RTM company documentation
- Any non-participants have sufficient enough time to respond to your Notice Inviting Participation
- You can prove that RTM members, particularly the Freeholder/landlord, did receive copies of the RTM Claim
- A Claim Notice is served on the landlord of the whole or part of the premises
- Not less than two thirds of the flats are held by qualifying tenants
- You have at least 50% of the owners properly signed up so can be proven to be members of the RTM company
- The member’s register correctly updated at the correct location
The Ringley Group has 3 suitable products:
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RINGLEY LTD ACCEPTS NO RESPONSIBILITY FOR THE NOTICE AND IT IS FOR YOU TO ENSURE THAT YOU FILL IT IN CORRECTLY AND THAT YOU ARE ELIGIBLE TO CLAIM YOUR RIGHT TO MANAGE
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