How do we prove we have the required 50% of tenants to go ahead with Right to Manage?
The FPRA replies:
That’s not quite a correct interpretation of the legislation. On the creation of a RTM Company, “qualifying tenants” are entitled to join it. You do not need 50% of the leaseholders to be on board when the company is initially set up.
Once the RTM company has been created, it must inform qualifying tenants of its intention to take over the management of the building and invite them to join to company.
Once the RTM company has sent the notice inviting participation to all the leaseholder and only when 50% or more of the qualifying tenants have joined the RTM Company, can it then proceed to serve the Notice of Claim on the landlord and any other relevant parties.