After two previous failed Notices of Claim the members of Green Moor Heights RTM Company turned to the RTMF for assistance to achieve the Right to Manage of their twenty five unit purpose built apartment block.
In June 2013 the leaseholders of Green Moor Heights, Sheffield acquired an off the shelf company with the intention of using it to exercise their RTM. The RTM company’s first Notice of Claim dated 10 July 2013 was met with a Counter-Notice disputing their entitlement to Right to Manage. The Counter-Notice was in the prescribed form and alleged that the RTM company was not entitled to acquire the Right to Manage by virtue of various provisions of sections 73, 78, 79 and 80 of the Act.
In February of 2014 the RTM company issued a further Claim Notice, which again received a Counter-Notice alleging numerous procedural failures that it claimed prevented RTM. The RTM company made an application to the First-tier Tribunal for determination that the RTM company was entitled to acquire the Right to Manage.
On 20 October 2014 the First-tier Tribunal determined on papers that the Notices of Invitation to Participate were deficient, which in turn meant that the RTM company was not in a position to give a valid Notice of Claim.
It is against this backdrop of litigation that the RTMF agreed to assist the leaseholders in finally achieving Right to Manage. After a period of due diligence the RTMF issued fresh Notices of Invitation to Participate to non-supporting leaseholders on 11 March 2015, followed by a fresh Notice of Claim on the landlord, Sinclair Gardens Investments (Kensington) Limited on 2 April 2015.
We are delighted to advise that in today’s post the RTMF received a Counter-Notice admitting Green Moor Heights Right to Manage. The RTM company will finally acquire the management of the premises on 18 August 2015, some 25 months after serving their first Notice of Claim.
We wish the flat-owners and members of Green Moor Heights every success for the future.