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05 May 2017 / Winston Jacob
Issue: 7744 / Categories: Features , Law digest , In Court
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Tenants seeking to exercise the right to manage will welcome the Court of Appeal’s recent decision on procedural non-compliance, says Winston Jacob

  • The primary objective of the right to manage legislation is to enable an RTM company, simply and cheaply, to acquire the right to manage, and to avoid both duplication of effort and administrative untidiness once it has been acquired.
  • Where an RTM company has failed to comply with the statutory notice requirements, the court’s focus must be on whether Parliament intended that a landlord (or other person entitled to serve a counter-notice) could successfully contend that the defect in the relevant notice was fatal to its validity.
  • A failure by an RTM company to comply precisely with the requirements for a notice of intention to participate does not automatically invalidate all subsequent steps.

Many statutes lay down a procedure for the exercise or acquisition by a person or body of some right conferred by the statute without specifying the consequences of a failure to comply with the procedure. In such cases,

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MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Lawyers have expressed dismay at the Chancellor Rachel Reeve’s decision to impose a £2,000 cap on salary sacrifice contributions
NLJ is inviting its readers to take part in this year’s annual reader research, a short survey designed to help shape the future direction of the magazine. The questionnaire consists of just eight quick questions and offers an opportunity for legal professionals to share their views on the content, coverage and issues that matter most to them.
The Law Society has urged regulators not to ban the term ‘no win no fee’, as the profession contemplates measures to prevent a disaster like the SSB Group collapse from happening again
The legal profession's leaders have mounted a robust defence of trial by jury, following reports that Justice Secretary David Lammy is considering restricting it to rape, murder, manslaughter and other cases that are in the public interest
CILEX (the Chartered Institute of Legal Executives) has been granted permission to appeal Mazur, a decision which has caused consternation among litigation firms
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