Freehold Purchase
Right to manage
Right To Manage (RTM) Solicitors in Manchester and London
You have a legal right to take over the management of your building, under the Commonhold and Leasehold Reform Act 2002, if a majority of the leaseholders agree. Our tenants’ right to manage solicitors can advise and assist you through the whole process.
If you are unhappy with the management of your building, or are not satisfied with the services provided, or do not agree with the fees charged by the management company, then you have a legal right to set up your own Right To Manage (RTM) with other leaseholders and remove the property management company.
The Benefits Of Right To Manage (RTM)
- Leaseholders have the power of managing their own building
- Choosing your own contractors to carry out maintenance of your building
- Improved quality of service on building maintenance
- Service charges paid are good value in relation to the building maintenance
- Cheaper service charges
What Are The Eligibility Criteria For A Right To Manage?
There are certain criteria to be met in order for leaseholders to claim a Right to Manage (RTM):
- At least 50% of leaseholders in a building are required to claim for a Right to Manage
- Two or more of the flats or apartments must be held by leaseholders who are qualifying tenants – tenants who have a lease of 21 years or over
- The total number of qualifying tenants in the building must be at least two-thirds of the total number of flats in the building
- Non-residential/commercial purposes must not consist of more than 25% of the building
There may be other criteria to be met in unique circumstances. We will be made aware of such criteria once we understand your Right To Manage (RTM) claim.
Right To Manage Process
The tenants’ 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 registrable. 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).
A typical Tenants’ Right To Manage (RTM) process consists of:
- Setting up an RTM company through Companies House
- Sending out an Invitation To Participate to all qualifying tenants in the building inviting them to become a member of the RTM company
- Serving Notice of Claim for RTM on the freehold owner
- Dealing with the landlord’s counter notice – the landlord must acknowledge the right or dispute the claim with a valid reason
Price & Service Transparency for our Right to Manage Service
Monarch Solicitors provide highly competitive fees. For matters of transparency, a full personalised costs breakdown will be provided to you in our Terms of Engagement letter so that you are wary of the total potential costs associated with a Right To Manage (RTM) claim.
Contact Our Right To Manage Solicitors
If you would like to enquire for any matters regarding right-to-manage please complete our online contact form below or send an email to us at [email protected] and one of our solicitors shall call you back.
Alternatively, please call our litigation solicitors on 0330 127 8888 for a no obligation discussion.
Monarch Solicitors are a leading UK law firm and our award-winning Manchester solicitors, London solicitors and Birmingham solicitors offer their legal expertise nationally and internationally.
We are also able to leverage an international network spanning across Hong Kong, Turkey and Dubai to provide seamless assistance with cross-border matters relating to Right to Manage.
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FAQ
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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