RTM: can a claim notice be served by email?

In order to acquire the right to manage, an RTM company has to give notice of their claim to a landlord. In addition, a copy of the claim notice must be given to each of the qualifying tenants within the premises.

The question for the Upper Tribunal in Assethold Limited v 110 Boulevard RTM Company Limited [2017] UKUT 316 (LC) considered whether or not a claim notice could be served validly by email on the qualifying tenants.

 

Circumstances

The landlord in Assethold did not challenge the content of the notice. Nor did the landlord challenge the validity of service of the claim notice. What the landlord did challenge was whether or not the claim notice had been validly served on all the qualifying tenants.

It had been served by email because all of the qualifying tenants were members of the RTM company and participating in the RTM. The landlord argued that service by email was impermissible.

 

Decision of the Upper Tribunal

The Upper Tribunal considered the relevant sections of the Commonhold and Leasehold Reform Act 2002. Having done so, the Upper Tribunal could not find anything in the Act that suggested that the copy of the claim notice had to be a hardcopy.

The RTM company was required to serve on the qualifying tenants a copy of the claim notice, not the original.

19 September 2017

Cassandra Zanelli

Widely recognised for her expertise in the industry, and listed among the 100 most influential people in residential leasehold management, Cass heads the team at PM Legal Services. Passionate about education and sharing knowledge, she's a regular speaker at conferences, events and seminars, having worked with leading organisations in the property management industry.

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