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Leaseholders do not need to prove any fault on behalf of the landlord to exercise their Right To Manage.
To dispute the claim the landlord must prove that the application for RTM does not comply with the 2002 Act. In this situation, any errors in the initial application could be exploited to the landlord's benefit. Having received the Claim Notice the landlord has the following options:
If the landlord wishes to dispute the claim he/she must respond within the period specified in the notice. If the RTM company receives a counter-notice from the landlord it should examine it carefully and, if possible, adjust the initial Claim Notice. If the Claim Notice cannot be adjusted satisfactorily the claim must be abandoned. If the RTM company remains convinced of its entitlement then the matter must be resolved by the Leasehold Valuation Tribunal (LVT). The RTM company must apply to the LVT within two months or the claim to RTM will be invalid. The LVT would delay any possible RTM acquisition date by around three months. (Under some circumstances it may take longer.) |
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