1 to 4 Elgin Close
- What was applied for
- A determination that the RTM company was entitled to acquire the right to manage, under section 84(3) of the Commonhold and Leasehold Reform Act 2002, after the landlord objected by counter-notice.
- The figures
- Counter-notice withdrawn 13 December 2021. Acquisition date 13 March 2022. Four flats named in the title. The decision describes the building no further.
What Happened
The landlord objected, then wrote on 13 December 2021 withdrawing the objection and confirming that the RTM company's supplementary statement had supplied everything the counter-notice had asked for. A procedural judge, seeing nothing left to decide, was minded to strike the application out. The RTM company asked for a determination instead.
What the Tribunal Held
The withdrawal letter was itself the written agreement contemplated by section 84(5)(b), so no determination was needed. The tribunal held that the effect of the letter of withdrawal and confirmation that all issues in the counter notice are satisfied is that the respondents have agreed in writing that the applicants are entitled to the right to manage. The acquisition date was fixed under section 90(5) at three months after the letter.
What it means for a block here. A landlord's written withdrawal of its objection starts the three month clock on the date of that letter, not on the date the tribunal later rules. Diarise from the letter.