header-logo header-logo

Error message

05 May 2017 / Winston Jacob
Issue: 7744 / Categories: Features , Law digest , In Court
printer mail-detail
nlj_7744_jacob

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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Brian Hession

mfg Solicitors—Brian Hession

Birmingham commercial property team bolstered by partner hire

STEP—Sara Morgan

STEP—Sara Morgan

Fieldfisher director re-elected as deputy chair of England Wales committee

Osborne Clarke—Andrew Eaton

Osborne Clarke—Andrew Eaton

Restructuring and insolvency expert joins as partner

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
back-to-top-scroll