Assethold Ltd v 13-24 Romside Place RTM Co LTD [2013] UKUT 603 (LC) Freeholder Incorrectly Named So RTM Participation Notice Invalid

Summary: A notice of invitation to participate in the RTM was invalid because it incorrectly named the landlord (the freehold title had been transferred and the notice named the former freehold owner).  It followed that, as a claim notice can only be given if a valid notice of invitation to participate has first been served as required by subsection 79(2) of the 2002 Act, the RTM company was not entitled on the relevant date to acquire the right to manage the premises.

Assethold Ltd v 7 Sunny Gardens RTM Co LTD [2013] UKUT 509 (LC): No Service of An  RTM Notice Of Participation Caused Prejudice

Summary: No notice of invitation to participate in the RTM was served on a deceased leaseholder’s personal representatives in accordance with s.78 of the 2002 Act. The RTM had failed to adduce any evidence that the defect in compliance with the statutory procedure had not caused prejudice so its claim was dismissed.

%d bloggers like this: