What is the right to manage?
The right to manage grants leaseholders the right to take over the management of their property, even without the consent of the landlord.
The leaseholders will send notice of their intent and if successful they will take over all the duties of the landlord. You will still own the building; however, you will no longer have control over its maintenance.
The leaseholders can exercise this option for any reason, they do not need to show that the building has been mismanaged.
Disputing the claim
To dispute the claim for the right to manage you need to serve a counter-notice giving your reason why you don’t think they are entitled to manage the property.
The reasons you can give are:
- The building doesn’t qualify
- The right to manage company does not comply with the legal requirements
- The right to manage company members do not represent half the flats in the building
You cannot dispute the claim for any other reasons.
Transferring the right to manage
Of you accept the right to manage or the tribunal decides against you, management of the property will be transferred to the right to manage company.
The day the right to manage company takes over management of the property is called the date of acquisition, this will be:
- If you accept the claim it will be the date given on the notice
- If the claim was originally disputed but then agreed it will be 3 months after the agreement is reached.
- If the claim is disputed and lost in the Tribunal it will be 3 months after the Tribunal decision is final.
Your rights going forward
Once management has been transferred you do not completely lose all right and control.
The right to manage company must tell you at least 30 days before approving:
- Charge to leaseholders
- Changes to the building structure
- Changes to the use of the building