Part 2

Leasehold reform
Chapter 1

Right to manage

Acquisition of right

Notices relating to management contracts
91
1
Section 92 applies where—
a
the right to manage premises is to be acquired by a RTM company (otherwise than by virtue of an order under section 85), and
b
there are one or more existing management contracts relating to the premises.
2
A management contract is a contract between—
a
an existing manager of the premises (referred to in this Chapter as the “manager party”), and
b
another person (so referred to as the “contractor party”),
under which the contractor party agrees to provide services, or do any other thing, in connection with any matter relating to a function which will be a function of the RTM company once it acquires the right to manage.
3
And in this Chapter “existing management contract” means a management contract which—
a
is subsisting immediately before the determination date, or
b
is entered into during the period beginning with the determination date and ending with the acquisition date.
4
An existing manager of the premises is any person who is—
a
landlord under a lease relating to 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 1987 Act to act in relation to the premises, or any premises containing or contained in the premises.
5
In this Chapter “determination date” means—
a
where there is no dispute about entitlement, the date specified in the claim notice under section 80(6),
b
where the right to manage the premises is acquired by the company by virtue of a determination under section 84(5)(a), the date when the determination becomes final, and
c
where the right to manage the premises is acquired by the company by virtue of subsection (5)(b) of section 84, the day on which the person (or the last person) by whom a counter-notice containing a statement such as is mentioned in subsection (2)(b) of that section was given agrees in writing that the company was on the relevant date entitled to acquire the right to manage the premises.
S. 91 wholly in force at 30.3.2004; s. 91 not in force at Royal Assent see s. 181(1); s. 91 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 91 wholly in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)
Pt. 2 Ch. 1: power to amend conferred (20.1.2007 for specified purposes, otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1181(1)(b), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 5, 6, 8, Schs. 1, 5); S.I. 2008/2860, art. 3(v) (with arts. 5, 7, 8, Sch. 2)