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Recipients of the Notice of Claim under s84 must issue a counter notice no later than the date specified by the RTM company. The counter-notice will either agree to the RTM or to provide reasons why the RTM company is not entitled to take the process further.The counter-notice does not however provide an opportunity to raise queries or to dispute the RTM on any other grounds.

The counter-notice must be in the prescribed form and is limited to one of the two following statements:

  1. Admitting that the RTM company is entitled to acquire the right to manage in which case the management will pass to the RTM company on the specified date in the Notice of Claim;
  2. Alleging that the RTM company is not entitled and giving reasons to support the allegation which are limited to the building not qualifying, the RTM company doesn’t comply with legislative requirements of the 2002 Act or the members of the RTM company do not represent half the flats in the building. The counter notice must also state that the RTM company may appy to the Leasehold Valuation Tribunal for them to decide the issue

The RTM company must make the application to the LVT within 2 months of the date of the landlord’s counter-notice and if they do not, then the claim is deemed to be withdrawn.

Note: If the landlord does not serve a counter notice then the acquisition date will still be the date specified in the notice.

 

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