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Commonhold and Leasehold Reform Act 2002

Claim to acquire right

Section 78: Notice inviting participation

133.Section 78 requires a RTM company to serve a notice on all qualifying tenants who are not members of the company inviting them to become members for the purposes of acquiring the right.  This is known as ‘the notice of invitation to participate’ and must be served before notice claiming the right to manage can be served on the landlord (see section 79).  The notice of invitation to participate will have to comply with minimum requirements set out in the Act and any further ones specified in regulations. The notice will have to be either accompanied by a copy of the Memorandum and Articles of Association for the RTM company or include a statement explaining where these documents can be inspected and from where copies can be obtained.  Any inaccuracies in the particulars of the notice will not invalidate the notice.

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