Part 2

Leasehold reform
Chapter 1

Right to manage

Exercising right

Management functions: supplementary
97
1
Any obligation owed by the RTM company by virtue of section 96 to a tenant under a lease of the whole or any part of the premises is also owed to each person who is landlord under the lease.
2
A person who is—
a
landlord under a lease of 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,
is not entitled to do anything which the RTM company is required or empowered to do under the lease by virtue of section 96, except in accordance with an agreement made by him and the RTM company.
3
But subsection (2) does not prevent any person from insuring the whole or any part of the premises at his own expense.
4
So far as any function of a tenant under a lease of the whole or any part of the premises—
a
relates to the exercise of any function under the lease which is a function of the RTM company by virtue of section 96, and
b
is exercisable in relation to a person who is landlord under the lease or party to the lease otherwise than as landlord or tenant,
it is instead exercisable in relation to the RTM company.
5
But subsection (4) does not require or permit the payment to the RTM company of so much of any service charges payable by a tenant under a lease of the whole or any part of the premises as is required to meet costs incurred before the right to manage was acquired by the RTM company in connection with matters for which the service charges are payable.
S. 97 wholly in force at 30.3.2004; s. 97 not in force at Royal Assent see s. 181(1); s. 97 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 97 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)