Commentary on the Sections: Part 1 Exercise of right Section 121: Right exercisable only by RTE company
209.Section 121 amends section 13 of the 1993 Act to require an initial notice to be given by a RTE company whose membership includes the required number of tenants in the block who both qualify to participate in the enfranchisement and have elected to participate (i.e. the participating members must hold long leases on at least half of the flats in the building).  This replaces the existing requirement that a qualifying group of tenants themselves give the notice.  Where there are two qualifying tenants in the block, both must be participating members of the RTE company.