Welsh Statutory Instrument 2004 No. 678 (W.66)

The Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2004

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2004 No. 678 (W.66)

LANDLORD AND TENANT, WALES

The Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2004

	Made	9th March 2004
	Coming into force	31st March 2004

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 78(2)(d) and (3), 80(8) and (9), 84(2), 92(3) and (7) and 178(1) of the Commonhold and Leasehold Reform Act 2002[1] and section 26(3) of the Welsh Language Act 1993[2], hereby makes the following Regulations:

Name, commencement and application
    1. - (1) These Regulations may be cited as the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2004 and shall come into force on 31st March 2004.

    (2) These Regulations apply in relation to premises in Wales only.

Interpretation
    2.In these Regulations - 

"the 2002 Act" ("Deddf 2002") means the Commonhold and Leasehold Reform Act 2002;

"landlord", ("landlord") in relation to RTM premises, means a person who is landlord under a lease of the whole or any part of the premises[3];

"RTM premises" ("mangre RTM") means premises as regards which a RTM company intends to acquire the right to manage[4];

"third party" ("trydydd parti"), in relation to RTM premises, means a person who is party to a lease of the whole or any part of the premises otherwise than as landlord or tenant[5].

Additional content of notice of invitation to participate
    3. - (1) A notice of invitation to participate[6] shall contain (in addition to the statements and invitation referred to in paragraphs (a) to (c) of subsection (2) of section 78 (notice inviting participation) of the 2002 Act), the particulars mentioned in paragraph (2).

    (2) The particulars referred to in paragraph (1) are - 

(a) the RTM company's registered number[7], the address of its registered office and the names of its directors and secretary;

(b) the names of the landlord and any third party;

(c) a statement that, subject to the exclusions mentioned in sub-paragraph (e), if the right to manage is acquired by the RTM company, the company will be responsible for - 


(i) the discharge of the landlord's duties under the lease; and

(ii) the exercise of his powers under the lease,



with respect to services, repairs, maintenance, improvements, insurance and management;

(d) a statement that, subject to the exclusion mentioned in sub-paragraph (e)(ii), if the right to manage is acquired by the RTM company, the company may enforce untransferred tenant covenants[8];

(e) a statement that, if the right to manage is acquired by the RTM company, the company will not be responsible for the discharge of the landlord's duties or the exercise of his powers under the lease - 



(i) with respect to a matter concerning only a part of the premises consisting of a flat or other unit not subject to a lease held by a qualifying tenant[9]or

(ii) relating to re-entry or forfeiture;



(f) a statement that, if the right to manage is acquired by the RTM company, the company will have functions under the statutory provisions referred to in Schedule 7 to the 2002 Act;

(g) a statement that the RTM company intends or, as the case may be, does not intend, to appoint a managing agent within the meaning of section 30B(8) of the Landlord and Tenant Act 1985[10]; and - 



(i) if it does so intend, a statement - 


(aa) of the name and address of the proposed managing agent (if known); and

(bb) if it be the case, that the person is the landlord's managing agent; or



(ii) if it does not so intend, the qualifications or experience (if any) of the existing members of the RTM company in relation to the management of residential property;



(h) a statement that, where the company gives a claim notice[11], a person who is or has been a member of the company may be liable for costs incurred by the landlord and others in consequence of the notice;

(i) a statement that, if the recipient of the notice (of invitation to participate) does not fully understand its purpose or implications, he is advised to seek professional help; and

(j) the information provided in the notes to the form set out in Schedule 1 to these Regulations.

Additional content of claim notice
    4.A claim notice[12] shall contain (in addition to the particulars required by subsections (2) to (7) of section 80 (contents of claim notice) of the 2002 Act) - 

(a) a statement that a person who - 


(i) does not dispute the RTM's company's entitlement to acquire the right to manage[13]; and

(ii) is the manager party under a management contract[14] subsisting immediately before the date specified in the claim notice under section 80(6) of the 2002 Act,



must, in accordance with section 92 (duties to give notice of contracts) of the 2002 Act, give a notice in relation to the contract to the person who is the contractor party[15] in relation to the contract and to the RTM company;

(b) a statement that, from the acquisition date[16], landlords under leases of the whole or any part of the premises to which the claim notice relates are entitled to be members of the RTM company;

(c) a statement that the notice is not invalidated by any inaccuracy in any of the particulars required by section 80(2) to (7) of the 2002 Act or this regulation, but that a person who is of the opinion that any of the particulars contained in the claim notice are inaccurate may - 



(i) identify the particulars in question to the RTM company by which the notice was given; and

(ii) indicate the respects in which they are considered to be inaccurate;



(d) a statement that a person who receives the notice but does not fully understand its purpose, is advised to seek professional help; and

(e) the information provided in the notes to the form set out in Schedule 2 to these Regulations.

Additional content of counter-notice
    5.A counter-notice shall contain (in addition to the statement referred to in paragraph (a) or (b) of subsection (2) of section 84 (counter-notices) of the 2002 Act) - 

(a) a statement that, where the RTM company has been given one or more counter-notices containing such a statement as is mentioned in paragraph (b) of subsection (2) of section 84 of the 2002 Act, the company may apply to a leasehold valuation tribunal for a determination that, on the date on which notice of the claim was given, the company was entitled to acquire the right to manage the premises specified in the claim notice;

(b) a statement that, where the RTM company has been given one or more counter-notices containing such a statement as is mentioned in paragraph (b) of subsection (2) of section 84 of the 2002 Act, the company does not acquire the right to manage the premises specified in the claim notice unless - 


(i) on an application to a leasehold valuation tribunal, it is finally determined[17] that the company was entitled to acquire the right to manage the premises; or

(ii) the person by whom the counter-notice was given agrees, or the persons by whom the counter-notices were given agree, in writing that the company was so entitled; and



(c) the information provided in the notes to the form set out in Schedule 3 to these Regulations.

Additional content of contractor notice
    6.A contractor notice[18] shall contain (in addition to the particulars referred to in paragraphs (a) to (d) of subsection (3) of section 92 (duties to give notice of contracts) of the 2002 Act)  - 

(a) a statement that, should the person to whom the notice is given wish to provide to the RTM company services which, as the contractor party, it has provided to the manager party[19] under the contract of which details are given in the notice, it is advised to contact the RTM company at the address given in the notice; and

(b) the information provided in the notes to the form set out in Schedule 4 to these Regulations.

Additional content of contract notice
    7.A contract notice[20] shall contain (in addition to the particulars referred to in paragraph (a) of subsection (7) of section 92 of the 2002 Act) - 

(a) the address of the person who is the contractor party, or sub-contractor party[21], under the contract of which particulars are given in the notice;

(b) a statement that, should the RTM company wish to avail itself of the services which the contractor party, or sub-contractor party, has provided to the manager party under that contract, it is advised to contact the contractor party, or sub-contractor party, at the address given in the notice; and

(c) the information provided in the notes to the form set out in Schedule 5 to these Regulations.

Form of notices
    8. - (1) Notices of invitation to participate must be in the form set out in Schedule 1 to these Regulations and where dates are inserted in the notices they must be inserted using numbers and not words.

    (2) Claim notices must be in the form set out in Schedule 2 to these Regulations and where dates are inserted in the notices they must be inserted using numbers and not words.

    (3) Counter-notices must be in the form set out in Schedule 3 to these Regulations and where dates are inserted in the notices they must be inserted using numbers and not words.

    (4) Contractor notices must be in the form set out in Schedule 4 to these Regulations and where dates are inserted in the notices they must be inserted using numbers and not words.

    (5) Contract notices must be in the form set out in Schedule 5 to these Regulations and where dates are inserted in the notices they must be inserted using numbers and not words.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[22].


John Marek
The Deputy Presiding Officer of the National Assembly

9th March 2004

SCHEDULE 1Regulations 3(2)(j) and 8(1)


FORM OF NOTICE OF INVITATION TO PARTICIPATE

COMMONHOLD AND LEASEHOLD REFORM ACT 2002
Notice of invitation to participate in right to manage
To

---

---

---

---

[name and address] (See Note 1 below)

    1.

---

[Name of RTM company]

("the company"), a private company limited by guarantee of

---

[address of registered office]

and of which the registered number is

---

[number under Companies Act 1985]

is authorised by its memorandum of association to acquire and exercise the right to manage

---

[name of premises to which notice relates]

("the premises").

    2.The company intends to acquire the right to manage the premises.

Either

    3.1The company's memorandum of association, together with its articles of association, accompanies this notice.

Yes. Tick if this is the case and proceed to paragraph 4 (See Note 2 below)

Or

    3.2The company's memorandum of association, together with its articles of association, may be inspected in accordance with the arrangements in the following paragraph.

Yes. [Tick if the statement above applies and complete the remainder of this paragraph 3.] (See Note 2)

    3.2.1At

---

[address for inspection]

    3.2.2between

---

[specify times]. (See Note 3 below)

    3.2.3At any time within the period of seven days beginning with the day after this notice is given, a copy of the memorandum of association and articles of association may be ordered from

---

[specify address]

    3.2.4on payment of

---

[specify fee]. (See Note 4 below)

    4.The names of - 

(a) the members of the company;

(b) the company's directors; and

(c) the company's secretary,

are set out in the Schedule below.

    5.The names of the landlord and of the person (if any) who is party to a lease of the whole or any part of the premises otherwise than as landlord or tenant are:

---

[specify]

    6.Subject to the exclusions mentioned in paragraph 8, if the right to manage is acquired by the company, the company will be responsible for - 

(a) the discharge of the landlord's duties under the lease; and

(b) the exercise of his powers under the lease,

with respect to services, repairs, maintenance, improvements, insurance and management.

    7.Subject to the exclusion mentioned in paragraph 8(b), if the right to manage is acquired by the company, the company may enforce untransferred tenant covenants. (See Note 5 below)

    8.If the right to manage is acquired by the company, the company will not be responsible for the discharge of the landlord's duties or the exercise of his powers under the lease - 

(a) with respect to a matter concerning only a part of the premises consisting of a flat or other unit not subject to a lease held by a qualifying tenant; or

(b) relating to re-entry or forfeiture.

    9.If the right to manage is acquired by the company, the company will have functions under the statutory provisions referred to in Schedule 7 to the Commonhold and Leasehold Reform Act 2002. (See Note 6 below)

Either

    9.1The company intends to appoint a managing agent within the meaning of section 30B(8) of the Landlord and Tenant Act 1985. (See Note 7 below)

Yes. Tick if the statement above applies. If you tick this box, proceed to paragraph 9.2. If you do not tick this box, proceed to paragraph 9.4.

    9.2If known, give the name and address of the proposed managing agent below. Proceed to paragraph 9.3.

---

---

---

[Name and address of the proposed managing agent]

    9.3The person named in paragraph 9.2 above is the current managing agent.

Yes. Tick if the statement above applies. Proceed to paragraph 10 whether or not the statement above applies.

Or

    9.4The company does not intend to appoint a managing agent within the meaning of section 30B(8) of the Landlord and Tenant Act 1985.

Yes. Tick if the statement above applies. (See Note 7 below) [If any existing member of the company has qualifications or experience in relation to the management of residential property, give details in paragraph 4 of the Schedule below.]

    10.If the company gives notice of its claim to acquire the right to manage the premises (a "claim notice"), a person who is or has been a member of the company may be liable for costs incurred by the landlord and others in consequence of the claim notice. (See Note 8 below)

    11.You are invited to become a member of the company. (See Note 9 below)

    12.If you do not fully understand the purpose or implications of this notice you are advised to seek professional help.



SCHEDULE    1.The names of the members of the company are:

---

---

---

---

---

---

---

---

[state names of company members]

    2.The names of the company's directors are:

---

---

---

---

---

---

---

[directors' names]

    3.The name of the company's secretary is:

---

[company secretary's name]

[If applicable complete the following information.] (See paragraph 9.4 above)

    4.The following member[s] of the company [has][have] qualifications or experience in relation to the management of residential property:

    (1)

---

[Name of member]

---

[qualification in relation to the management of residential property]

---

[Number of years experience in relation to the management of residential property]

---

---

---

[address[es] of [property][properties]and dates when experience acquired]

    (2) [repeat as above as necessary]

Signed by authority of the company,

---

[Signature of authorised member or officer]

---

[Insert date (See Note 13 below)]

NOTES

    1.The notice inviting participation (a notice set out in the form set out in Schedule 1 to the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2004) must be sent to each person who is at the time the notice is given a qualifying tenant of a flat in the premises but who is not already, and has not agreed to become, a member of the company. A qualifying tenant is defined in section 75 of the Commonhold and Leasehold Reform Act 2002 ("the 2002 Act").

    2.The notice must either (a) be accompanied by a copy of the memorandum of association and articles of association of the RTM company or (b) include a statement about inspection and copying the Memorandum of Association and the Articles of Association of the RTM company giving the information specified in paragraph 3 of the notice.

    3.The specified times must be periods of at least 2 hours on each of at least 3 days (including a Saturday or Sunday or both) within the 7 days beginning with the day following that on which the notice is given.

    4.The ordering facility must be available throughout the 7 day period referred to in Note 3. The fee must not exceed the reasonable cost of providing the ordered copy.

    5.An untransferred tenant covenant is a covenant in a tenant's lease that he must comply with, but which can be enforced by the company only by virtue of section 100 of the 2002 Act.

    6.The functions relate to matters such as repairing obligations, administration and service charges, and information to be furnished to tenants. Details may be obtained from the RTM company.

    7.The notice must contain a statement either that the RTM company intends or, as the case may be, does not intend, to appoint a managing agent within the meaning of section 30B(8) of the Landlord and Tenant Act 1985; and - 

if it does so intend, a statement - 

(aa) of the name and address of the proposed managing agent (if known); and

(bb) if it be the case, that the person is the landlord's managing agent; or

if it does not so intend, the qualifications or experience (if any) of the existing members of the RTM company in relation to the management of residential property.

    8.If the claim notice is at any time withdrawn, deemed to be withdrawn or otherwise ceases to have effect, each person who is or has been a member of the company is liable (except in the circumstances mentioned at the end of this note) for reasonable costs incurred by - 

(a) the landlord,

(b) any person who is party to a lease of the whole or any part of the premises otherwise than as landlord or tenant, or

(c) a manager appointed under Part 2 of the Landlord and Tenant Act 1987 to act in relation to the premises to which this notice relates, or any premises containing or contained in the premises to which this notice relates,

in consequence of the claim notice.

A current or former member of the company is liable both jointly with the company and every other person who is or has been a member of the company, and individually. However, a former member is not liable if he has assigned the lease by virtue of which he was a qualifying tenant to another person and that other person has become a member of the company.

    9.All qualifying tenants of flats contained in the premises are entitled to be members. Landlords under leases of the whole or any part of the premises are also entitled to be members, but only once the right to manage has been acquired by the company. An application for membership may be made in accordance with the company's articles of association which, if they do not accompany this notice, may be inspected as mentioned in paragraph 3.2 of the notice.

    10.If the right to manage is acquired by the company, the company must report to any person who is landlord under a lease of the whole or any part of premises any failure to comply with any tenant covenant of the lease unless, within the period of three months beginning with the day on which the failure to comply comes to the attention of the company - 

(a) the failure has been remedied,

(b) reasonable compensation has been paid in respect of the failure, or

(c) the landlord has notified the company that it need not report to him failures of the description of the failure concerned.

    11.If the right to manage is acquired by the company, management functions of a person who is party to a lease of the whole or any part of the premises otherwise than as landlord or tenant will become functions of the company. The company will be responsible for the discharge of that person's duties under the lease and the exercise of his powers under the lease, with respect to services, repairs, maintenance, improvements, insurance and management. However, the company will not be responsible for matters concerning only a part of the premises consisting of a flat or other unit not subject to a lease held by a qualifying tenant, or relating to re-entry or forfeiture.

    12.If the right to manage is acquired by the company, the company will be responsible for the exercise of the powers relating to the grant of approvals to a tenant under the lease, but will not be responsible for the exercise of those powers in relation to an approval concerning only a part of the premises consisting of a flat or other unit not subject to a lease held by a qualifying tenant.

    13.All dates must be completed using numbers not words  -  eg 12 September 2004 would be 12/9/2004.

SCHEDULE 2Regulations 4(e) and 8(2)


FORM OF CLAIM NOTICE

COMMONHOLD AND LEASEHOLD REFORM ACT 2002
Claim Notice
To

    1.

---

[name of RTM company] (See Note 1 below)

("the company"), of

---

[address of registered office]

and of which the registered number is

---

[number under Companies Act 1985]

in accordance with Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 ("the 2002 Act") claims to acquire the right to manage

---

[name of premises to which notice relates]

("the premises").

    2.The company claims that the premises are ones to which Chapter 1 of the 2002 Act applies on the grounds set out in subsection

---

[state relevant subsection of section 72]

(See Note 2 below)

of section 72 of the Commonhold and Leasehold Reform Act 2002 and that the premises are not premises which fall within Schedule 6 of that Act.

    3.The full names of each person who is both - 

(a) the qualifying tenant of a flat contained in the premises, and

(b) a member of the company,and the address of his flat are set out in Part 1 of the Schedule below.

    4.There are set out, in Part 2 of the Schedule, in relation to each person named in Part 1 of the Schedule - 

(a) the date on which his lease was entered into,

(b) the term for which it was granted,

(c) the date of commencement of the term*

(d) such other particulars of his lease as are necessary to identify it.

*(d) should be ignored if no other particulars need to be given.

    5.If you are - 

(a) landlord under a lease of the whole or any part of the premises,

(b) party to such a lease otherwise than as landlord or tenant, or

(c) a manager appointed under Part 2 of the Landlord and Tenant Act 1987 to act in relation to the premises, or any premises containing or contained in the premises,

you may respond to this claim notice by giving a counter-notice under section 84 of the 2002 Act. A counter-notice must be in the form set out in Schedule 3 to the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2004. It must be given to the company, at the address in paragraph 1, not later than

---

[specify date not earlier than one month after the date on which the claim notice is given (See Note 3 below)].

If you do not fully understand the purpose or implications of this notice you are advised to seek professional help.

    6.The company intends to acquire the right to manage the premises on

---

[specify date, being at least three months after specified in paragraph 5 (See Note 3 below)

    7.If you are a person to whom paragraph 5 applies and - 

(a) you do not dispute the company's entitlement to acquire the right to manage; and

(b) you are the manager party under a management contract subsisting immediately before the date specified in this notice,

you must, in accordance with section 92 (duties to give notice of contracts) of the 2002 Act, give a notice in relation to the contract to the person who is the contractor party in relation to the contract and to the company. (See Note 4 below).

    8.From the date on which the company acquires the right to manage the premises, landlords under leases of the whole or any part of the premises are entitled to be members of the company (See Note 5 below).

    9.This notice is not invalidated by any inaccuracy in any of the particulars required by section 80(2) to (7) of the 2002 Act or regulation 4 of the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2004. If you are of the opinion that any of the particulars contained in the claim notice are inaccurate you may notify the company of the particulars in question, indicating the respects in which you think that they are inaccurate.

SCHEDULE

PART1
Full names and addresses of persons who are both qualifying tenants and members of the company[set out here the particulars required by paragraph 3 above]

---

---

---

---

---

---

---

---

---

PART 2
Particulars of leases of persons named in Part 1 of this Schedule

[Set out in this table the particulars required by paragraph 4 above and repeat as necessary for each person named in the Schedule]

---

[Name of person referred to in Part 1 of this Schedule]

---

[date on which lease was entered into See Note 3 below)]

---

[term of years for which lease was granted]

---

[date of commencement of term See Note 3 below)]

---

[such other particulars as are necessary to identify the lease. This section should not be completed if it is possible to identify the lease from the remainder of the information in this table]

Signed by authority of the company,

---

[Signature of authorised member or officer]

---

[Insert date (See Note 3 below)]

Notes

    1.A claim notice (a notice in the form set out in Schedule 2 to the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2004 of a claim to exercise the right to manage specified premises) must be given to each person who, on the date on which the notice is given, is - 

(a) landlord under a lease of the whole or any part of the premises to which the notice relates,

(b) party to such a lease otherwise than as landlord or tenant, or

(c) a manager appointed under Part 2 of the Landlord and Tenant Act 1987 to act in relation to the premises, or any premises containing or contained in the premises.

But notice need not be given to such a person if he cannot be found, or if his identity cannot be ascertained. If that means that there is no one to whom the notice must be given, the company may apply to a leasehold valuation tribunal for an order that the company is to acquire the right to manage the premises. In that case, the procedures specified in section 85 of the 2002 Act (landlords etc. not traceable) will apply.

    2.The relevant provisions are contained in section 72 of the 2002 Act (premises to which Chapter 1 applies). The company is advised to consider, in particular, Schedule 6 to the 2002 Act (premises excepted from Chapter 1).

    3.All dates must be completed using numbers not words  -  eg 12 September 2004 would be 12/9/2004.

    4.The terms "management contract", "manager party" and "contractor party" are defined in section 91(2) of the 2002 Act (notices relating to management contracts).

    5.Landlords under leases of the whole or any part of the premises are entitled to be members of the company, but only once the right to manage has been acquired by the company. An application for membership may be made in accordance with the company's articles of association, which may be inspected at the company's registered office, free of charge, at any reasonable time.

SCHEDULE 3Regulations 5(c) and 8(3)


FORM OF COUNTER-NOTICE

COMMONHOLD AND LEASEHOLD REFORM ACT 2002
Counter-notice
To

---

---

[name and address](See Note 1 below)

Either

    1.1 I admit that, on

---

[insert date on which claim notice was given (See Note 2 below)]

    

---

[insert name of company by which claim notice was given]

("the company") was entitled to acquire the right to manage the premises specified in the claim notice.

Yes. Tick if the statement above applies and proceed to paragraph 2. (See Note 3 below)

Or

    1.2I allege that, by reason of

---

[specify provision of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 relied on]

on

---

[insert date on which claim notice was given (See Note 2 below)]

---

[insert name of company by which claim notice was given]

("the company") was not entitled to acquire the right to manage the premises specified in the claim notice.

Yes. [Tick if the statement in paragraph 1.2 applies.](See Note 3 below)

    2.If the company has been given one or more counter-notices containing such a statement as is mentioned in paragraph (b) of subsection (2) of section 84 of the Commonhold and Leasehold Reform Act 2002, the company may apply to a leasehold valuation tribunal for a determination that, on the date on which notice of the claim was given, the company was entitled to acquire the right to manage the premises specified in the claim notice (See Note 4 below).

    3.If the company has been given one or more counter-notices containing such a statement as is mentioned in paragraph (b) of subsection (2) of section 84 of the Commonhold and Leasehold Reform Act 2002, the company does not acquire the right to manage those premises unless - 

(a) on an application to a leasehold valuation tribunal, it is finally determined that the company was entitled to acquire the right to manage the premises; or

(b) the person by whom the counter-notice was given agrees, or the persons by whom the counter-notices were given agree, in writing that the company was so entitled. (See Note 5 below)

Either

Signed:

---

[Signature of person on whom claim notice served, or of agent of such person.]

[Only complete if applicable] Duly authorised agent of

---

[insert name of person on whom claim notice served]

Address:

---

---

[Give the address to which future communications relating to the subject-matter of the notice should be sent]

---

[Date (See note 2 below)]

Or

Signed by authority of the company on whose behalf this notice is given

---

---

[Signature of authorised member or officer]

The person whose signature is above is a:

Director

Company Secretary

Managing Director

Chief Executive

Other authorised member or officer

of the company.

Address

---

---

[Give the address to which future communications relating to the subject-matter of the notice should be sent]

---

[Insert date (See Note 2 below)]

NOTES

    1.The counter-notice is to be given to the company that gave the claim notice (a notice in the form set out in Schedule 2 to the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2004 of a claim to exercise the right to manage specified premises). The company's name and address are given in that notice.

    2.All dates must be completed using numbers not words  -  eg 12 September 2004 would be 12/9/2004.

    3.The notice must contain a statement either (a) admitting that the RTM company was on the relevant date entitled to acquire the right to manage the premises specified in the claim notice (as set out in paragraph 1.1) or (b) alleging that, by reason of a specified provision of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 ("the 2002 Act"), the RTM company was on that date not so entitled (as set out in paragraph 1.2).

    4.An application to a leasehold valuation tribunal must be made within the period of two months beginning with the day on which the counter-notice (or, where more than one, the last of the counter-notices) was given.

    5.For the time at which an application is finally determined, see section 84(7) and (8) of the Commonhold and Leasehold Reform Act 2002.



SCHEDULE 4Regulation 6(b) and 8(4)


FORM OF CONTRACTOR NOTICE

COMMONHOLD AND LEASEHOLD REFORM ACT 2002
Contractor Notice
To

---

---

[name and address] (See Note 1 below)

    1.This notice is given in relation to the management contract, details of which are given in the Schedule to this notice ("the contract") (See Note 2 below)

    2.The right to manage

---

[give the address of the premises which the RTM company is to acquire the right to manage] (See Note 3 below)

("the premises") is to be acquired by

---

[state name of RTM company]

("the company").

    3.The registered office of the company is

---

[registered office address of RTM company]

    4.The date of acquisition of the right to manage the premises by the company is

---

[date of acquisition (See Note 4 below)]

    5.If you wish to provide to the company services which as the contractor party you have provided to the manager party under the contract you are advised to contact the company at the address given in paragraph 2 above. (See Note 1 below)

Either

Signed:

---

[signature on behalf of company]

Duly authorised officer of:

---

[name of company giving the notice]

Date (See note 4 below):

---

Or

Signed:

---

[signature]

By or on behalf of

---

[name of person/entity giving this notice]

Date (See note 4 below):

---

SCHEDULEInsert details below as required by paragraph 1 above

Name of contract as set out in the contract documentation:

---

Premises to which the contract relates:

---

Parties to contract:

---

---

Date of contract (See Note 4 below):

---

Term of contract:

---

years and

---

months

Any other particulars necessary to identify the contract in relation to which this notice is given: [This section should only be completed if the details above are not sufficient to identify the contract in question]

---

---

---

NOTES

    1.The contractor notice (a notice in the form set out in Schedule 4 to the Right to Manage (Prescribed Particulars and Forms)(Wales) Regulations 2004) ("the 2004 Regulations") is relevant when the right to manage certain premises is to be acquired by a Right to Manage company under the Commonhold and Leasehold Reform Act 2002 ("the 2002 Act"). The contractor notice must be sent by the manager party to the contractor party in relation to an existing management contract relating to the premises. The definition of "existing management contact" is in section 91(3) of the 2002 Act. The definitions of "manager party" and "contractor party" are set out in section 91(2) of the 2002 Act. Section 92(2) of the 2002 Act sets out the time when such notices must be given.

    2.If you are party to an existing management sub-contract with another person you must (a) send a copy of the contractor notice to the other party to the sub-contract and (b) give to the company a contract notice (a notice in the form set out in Schedule 5 to the 2004 Regulations) in relation to the existing management sub-contract in accordance with section 92(4) of the 2002 Act.

Section 92(5) of the 2002 Act defines an existing management sub-contract. Section 92(6) of the 2002 Act sets out the time when such notices must be given.

    3.The RTM company is the company which is to acquire the right to manage premises in accordance with part 2 of Chapter 1 of the 2002 Act.

    4.All dates must be completed using numbers not words  -  eg 12 September 2004 would be 12/9/2004.



SCHEDULE 5Regulation 7(c) and 8(5)


FORM OF CONTRACT NOTICE

COMMONHOLD AND LEASEHOLD REFORM ACT 2002
Contract Notice
To

---

[name and address of RTM company] (See Note 1 below)

("the company")

    1.This notice is given in relation to the contract details of which are given in the Schedule to this notice ("the contract"). (See Note 2 below)

    2.Should the company wish to avail itself of the services which the contractor party, or sub-contractor party, has provided to the manager party under the contract it is advised to contact the contractor party, or sub-contractor party

at

---

[address at which person/entity giving this notice should be contacted]

Either

Signed:

---

[signature on behalf of company]

Duly authorised officer of:

---

[name of company giving the notice]

Date (See Note 3 below):

---

Or

Signed:

---

[signature]

By or on behalf of:

---

[name of person/entity giving this notice]

Date (See Note 3 below):

---

SCHEDULEInsert details required by paragraph 1 above

Name of contract:

---

Parties to contract (See Note 4 below):

    (1)

---

[contractor (or sub-contractor) party]

(2)

---

[manager party]

Address of the contractor (or sub-contractor) party under the contract:

---

---

Date of contract (See Note 3 below):

---

Term of contract:

---

years and

---

months.

NOTES

    1.The contract notice (a notice in the form set out in Schedule 5 to the Right to Manage (Prescribed Particulars and Forms)(Wales) Regulations 2004) is relevant when the right to manage certain premises is to be acquired by a Right to Manage company ("RTM company") under Part 2 of Chapter 1 of the Commonhold and Leasehold Reform Act 2002 ("the 2002 Act"). The person who is the manager party in relation to an existing management contract must give to the RTM company a contract notice in accordance with section 92(1) of the 2002 Act. A person who receives a contractor notice who is also party to an existing management sub-contract must also give to the RTM company a contract notice in accordance with section 92(4) of the 2002 Act.

"Existing management contract", is defined in section 91(3) of the 2002 Act. An existing management sub-contract is defined in section 92(5) of the 2002 Act.

    2.The time for giving a contract notice is set out in section 92(2) and 92(6)of the 2002 Act.

    3.All dates must be completed using numbers not words  -  eg 12 September 2004 would be 12/9/2004.

    4."Contractor party" and "manager party" are defined in section 91(2) of the 2002 Act and "sub-contractor party" is defined in section 92(4) of that Act.

---

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations supplement Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 ("the Act"). That Chapter makes provision for the acquisition and exercise of rights in relation to the management of premises to which the Chapter applies by a company which, in accordance with that Chapter, may acquire and exercise those rights ("RTM company").

Before a RTM company can acquire the right to manage premises, it must give notice ("notice of invitation to participate") to those tenants of flats contained in the premises who are "qualifying tenants" (see section 75 of the Act) of its intention to acquire the right. The notice must invite the recipients of it to become members of the RTM company. Regulation 3, to which Schedule 1 of these Regulations is also relevant, prescribes requirements, in addition to those specified in section 78 of the Act, as regards the contents of the notice.

Once the RTM company has given notice of invitation to participate, it may make a claim to acquire the right to manage. The claim is required to be made by notice ("claim notice"), that is to be given to each person who is - 

(a) landlord under a lease of the whole or any part of the premises to which the notice relates,

(b) party to such a lease otherwise than as landlord or tenant, or

(c) a manager appointed under Part 2 of the Landlord and Tenant Act 1987 to act in relation to the premises, or any premises containing or contained in the premises.

Regulation 4, to which Schedule 2 to these Regulations is also relevant, prescribes requirements, in addition to those specified in section 80 of the Act, as regards the contents of the notice.

A person who receives a claim notice may respond by giving the RTM company a counter-notice, in which the RTM company's claim is either admitted or opposed. Regulation 5, to which Schedule 3 to these Regulations is also relevant, prescribes requirements, in addition to those specified in section 84 of the Act, as regards the contents of the notice.

If a person who is entitled to receive a claim notice is also party to a contract under which the other party to the contract agrees to provide services, or do other things, in connection with any matter relating to a function that will be the function of the RTM company once it acquires the right to manage the premises, that person must give notice to the other party to the contract ("contractor notice") and to the RTM company ("contract notice"). Regulations 6 and 7 (to which Schedules 4 and 5 to these Regulations are relevant respectively) prescribe requirements, in addition to those specified in section 92 of the Act, as regards contractor notices and contract notices, respectively.

Regulation 8 prescribes the form of invitations to participate, claim notices, counter-notices, contractor notices and contract notices.

A Regulatory Appraisal has been prepared in connection with these Regulations. A copy may be obtained from the Housing Directorate of the National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ (Tel 029 2082 3025).

---

Notes:

[1]2002 c.15. The powers are exerciseable by the appropriate national authority. "The appropriate national authority" is defined in section 179(1) as the National Assembly for Wales as respects Wales and the Secretary of State as respects England. See section 178(3) as to the power to make Regulations.back

[2]1993 c.38. Functions of the Minister under section 26 of the 1993 Act are exerciseable concurrently by the National Assembly for Wales with any Minister of the Crown by whom they are exercisable, by virtue of the entry in relation to the 1993 Act in Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 22(1) of the Government of Wales Act 1998 (c. 38).back

[3]As to "landlord" see section 112, (3) and (5) of the Commonhold and Leasehold Reform Act 2002. As to "lease" see section 112(2) of that Act.back

[4]As to "RTM company", see sections 71(1) and 73 of the Commonhold and Leasehold Reform Act 2002. As to "the right to manage" see section 71(2) of that Act. As to premises to which the right to manage applies see section 72 of the Commonhold and Leasehold Reform Act 2002.back

[5]As to "tenant" see section 112(2), (3) and (5) of the Commonhold and Leasehold Reform Act 2002.back

[6]See section 78(2) of the Commonhold and Leasehold Reform Act 2002.back

[7]See section 705(1) of the Companies Act 1985 (c.6). Section 705 was substituted by the Companies Act 1989 (c.40), Schedule 19, paragraph 14.back

[8]As to "untransferred tenant covenants" see section 100(4) of the Commonhold and Leasehold Reform Act 2002.back

[9]As to premises to which Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 applies, see section 72 (and Schedule 6). ). As to "flat" and "unit" see section 112(1). As to "lease" see section 112(2). As to "qualifying tenant", see sections 75 and 112(4) and (5).back

[10]1985 c.70. Section 30B was inserted by the Landlord and Tenant Act 1987 (c.31), section 44.back

[11]As to "claim notice" see section 79(1) of the Commonhold and Leasehold Reform Act 2002.back

[12]See section 79(1) of the Commonhold and Leasehold Reform Act 2002.back

[13]As to the circumstances in which there is no dispute about entitlement, see section 90(3) of the Commonhold and Leasehold Reform Act 2002.back

[14]As to "manager party" see section 91(2) and (4) of the Commonhold and Leasehold Reform Act 2002. As to "management contract" see section 91(2) of that Act.back

[15]As to "contractor party" see section 91(2)(b) of the Commonhold and Leasehold Reform Act 2002.back

[16]See sections 74(1)(b) and 90 of the Commonhold and Leasehold Reform Act 2002.back

[17]See section 84(7) and (8) of the Commonhold and Leasehold Reform Act 2002.back

[18]See section 92(1)(a) of the Commonhold and Leasehold Reform Act 2002.back

[19]As to "manager party" see section 91(2)(a) of the Commonhold and Leasehold Reform Act 2002.back

[20]See section 92(1)(b) of the Commonhold and Leasehold Reform Act 2002.back

[21]As to "sub-contractor party" see section 92(4) of the Commonhold and Leasehold Reform Act 2002.back

[22]1998 c.38.back

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Cymraeg (Welsh)

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ISBN0 11090898 8

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