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Before a Right to Manage claim notice can be served on the landlords and other relevant persons or companies, a notice of invitation to participate should be served on those qualifying tenants who are not already members or have not already agreed to become members of the Right to Manage company.
The content of the invitation notice is set out in the Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010 and the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011.
The form of invitation notice is set out in Schedule 1 to these regulations.
There are further paragraphs of notes appearing at the end of the invitation notice. Generally they summarise the procedure for claiming the right to manage and explain the consequences of its acquisition.
The Upper Tribunal (Lands Chamber) has now ruled, in the case of Triplerose Limited v Mill House RTM Company Limited, that an invitation notice is rendered invalid if the prescribed notes are omitted.