Commonhold and Leasehold Reform Act 2002 Explanatory Notes

Exercise of right

Section 123: Invitation to participate

216.Section 123 inserts new section 12A into the 1993 Act.  This requires the RTE company, before making a claim to exercise the right, to serve a ‘notice of invitation to participate’ on any qualifying tenants in the block who have not yet agreed to become participating members.  Provision is made as to the content of this notice. The notice will have to either be accompanied by a copy of the Memorandum and Articles of Association for the RTE company or include a statement of where these documents can be inspected and from where copies can be obtained. The company cannot go on to serve an initial notice until fourteen days after service of the invitation to participate. Any inaccuracies in the particulars of the notice will not invalidate the notice.

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