Right to Manage
The right to manage process is relatively straightforward.
- The landlord’s consent is not required, and neither is a court order.
- Tenants do not need to prove that a landlord has been mismanaging the property.
- You may be able to change the management of your building if you’re unhappy with the way it’s being run, and you live in a leasehold flat.
A right to manage claim notice is not registerable. However, where a right to manage (RTM) company has acquired the right to manage, it may apply to the Land registry for an entry to be made in the proprietorship register of the affected title (Rule 79A Land Registration Rules 2003).
Contact our Litigation Solicitors:
If you would like to enquire for any matters regarding right-to-manage please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back.
Alternatively, please call our litigation solicitors in Manchester on 0330 127 8888 for a no obligation discussion.
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There are several costs which may be associated with getting the right to manage a block of flats. These can include:
- Registration fees for Companies House
- Surveyor fees
- Your solicitor’s legal fees
- Your landlord’s solicitor’s legal fees
- Landlord’s legal fees for dealing with the initial notice
- Fees for the managing agent (where applicable)
- Accountant fees
- First-Tier Property Tribunal [previously known as the Leasehold Valuation Tribunal or LVT] fees, if applicable
The exact amount of these fees will vary depending on the size of the building, the response of the landlord and how many tenants are involved in the right to manage.
Unfortunately, there are no hard and fast answers to this one. If everything runs smoothly, then it could take as little as four months for you to gain the right to manage after the company is created. When the RTM company is established, you must then allow 14 days to tell the tenants who have chosen not to be involved about the creation of the company and give them a chance to get involved too. After this has been done, you can serve notice on your landlord. The landlord has to be given 28 days to respond to the notice and issue a counter-notice if they want to. The law says that after this 28-day period has finished, you must wait a further 3 months to take over the right to manage.
Depending on your individual situation, the right to manage application might be complicated – both in terms of law and procedure. An experienced leasehold solicitor can make a world of difference to your application. In case you aren’t aware, few property solicitors deal with right to manage applications regularly – so don’t be surprised if you have to go outside your hometown to find a genuine specialist. Specialist legal advice will also be needed when you are setting up your RTM company – getting the right shareholders agreement drafted, for example. When your landlord receives the notice that tells him you wish to exercise your right to manage, he will more than likely call a solicitor straight away. It therefore levels the playing field if you are represented by a solicitor too when making the application. By not having an experienced leasehold Solicitor, you could be putting yourself at quite a disadvantage.
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