Can management rights agreements be “topped-up” more than once?

6 October 2021

An article was recently published claiming that, contrary to current industry practice, management rights agreements cannot be “topped-up” more than once.

This article could lead to some “top-up” request being rejected or ruled out of order, which could ultimately impact on the legitimate rights of resident managers and impact the value of their business.

In this article, Holly Dunne discusses why Mahoneys believes that management rights agreements can be “topped-up” more than once.

A copy of her analysis can be found here. And whilst this question has not yet been directly tested, adjudicators have historically supported the practice of allowing multiple “top-ups”.

If you have any questions about the contents of this article feel free to contact Holly Dunne or Todd Garsden.