Regulation 2 Amendment of the RTM Companies (Model Articles) (England) Regulations 2009

(1)

The RTM Companies (Model Articles) (England) Regulations 2009^f1 are amended in accordance with paragraph (2).

(2)

In the Schedule (articles of association of a RTM company)—

(a)

in Part 1, in article 1(1) (defined terms), after the definition of “immediate landlord”, insert—

““lease” means a long lease within the meaning of sections 76 and 77 of the 2002 Act^f2;”;

(b)

in Part 4, for article 33(3)(f) (votes) substitute—

“(f)

any person who is not otherwise entitled to any vote shall be entitled to one vote if that person—

(i)

is the freeholder of the Premises,

(ii)

is a landlord under a lease or leases of the whole or any part of the Premises, and

(iii)

is a member of the company;

(g)

the votes exercisable by landlords under leases of the whole or any part of the Premises shall be capped at one third of the votes exercisable by qualifying tenants^f3.”.

Annotations

Footnotes

f1: S.I. 2009/2767, to which there are amendments not relevant to these Regulations.
f2: In the Schedule to S.I. 2009/2767, in Part 1, article 1(1) defines the “2002 Act” as the Commonhold and Leasehold Reform Act 2002. Section 76 was amended by paragraph 64 of Schedule 8 to the Civil Partnership Act 2004 (c. 33). Section 77 was amended by paragraph 65 of Schedule 8 to the Civil Partnership Act 2004.
f3: Section 75 of the Commonhold and Leasehold Reform Act 2002 defines “qualifying tenant”.