The Right to Manage

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The Right to Manage

Would you like the right to manage your leasehold property? We can help:

The Right to Manage lets you and other leaseholders take control of certain management responsibilities from the landlord without having to prove that the property is currently badly managed. We can guide you through every step of the process.

Why should you get the Right to Manage?

There are many reasons tenants may wish to take control of managing their properties. You may be unhappy with the cost of the service charge to the current management company. Alternatively, you may not like the way they manage the building and believe you can do a better job. Whatever your reason, leaseholders have the right to take responsibility for the management of their block.

Do you qualify?

To acquire the right to manage:

  • Two-thirds of the flats must belong to ‘qualifying tenants.’ To by a qualifying tenant, the leaseholder’s original lease must last longer than 21 years.
  • At least half the flats in the building must take part.
  • The building, or part of the building, must contain at least 2 flats.
  • Commercial areas, e.g. shops, must not take up more than 25% of the whole floor area of the building.

The building may not qualify is there are four or fewer flats and there is a resident property owner.

Procedure:

  • Before you can acquire RTM, you and the other participating leaseholders must set up an RTM company.
  • You must then serve a notice to non-member leaseholders, inviting them to participate.
  • A notice of claim must be served to the freeholder – although you cannot serve this for 2 weeks after the above notice.
  • The freeholder has one month to challenge the RTM by counter-notice – if they do, your RTM company can apply to either the First-tier tribunal or, if the building is in Wales, the Leasehold Valuation Tribunal.
  • If the Freeholder does not challenge you then you will acquire the Right to Manage 4 months from the date of the notice of claim.

How can we help?

We can provide the best legal advice that you will need to take control of the management of your building, including setting up the right to manage company and any leaseholders agreement that is needed. Contact our experts today on 01244 312306 or fill in our contact us form here.

Call and speak to a lawyer on 01244 312306

Wesley Heath

Wesley Heath

Commercial Property Solicitor