The 'Right to Manage' Process
The 'Right to Manage' process is very straight forward. Follow the flowchart to determine if your block qualifies.
Here's how it works.
Is at least 75% of your
building residential?
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→ | No |
→ | If not your building
Is not eligible.
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Yes |
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Do at least half the flat owners want to participate in the ‘Right to manage’ process?
If you need us to come along and discuss the issues with you and your neighbours to help give you a clearer idea of how things work. Just let us know and we'll try to organise a meeting. |
→ | No |
→ |
If not you will need to obtain
the support of 50% or more flat owners to have the ‘Right to Manage
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Yes ↓ |
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Do at least 2/3rds of flat owners
have leases greater
than 21 years at the time of issue?
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→ | No |
→ | Your building is not currently eligible
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Yes ↓ |
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You are eligible and can proceed. |
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If you wish you can Login to our on-line system where you can begin your RTM process. Click here by collating your information for later use | ||||
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Once we have your contact details we will liaise with you to answer questions owners may have. Once you are happy the process can begin.
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Initially we will need to contact each of the leaseholders to obtain their consent to join the 'Right to Manage' company. If you are able to provide us with contact details for any of your neighbours who may be interested it would be helpful. We will also ask people if they wish to become Directors of your new RTM company. | ||||
Once we know who we will be working with we can then write to them again and collect the information and consents we will need to proceed. We will also obtain copies of your lease and check through it to determine the suitability of it's provisions.
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(Day 1) As soon as we have received everything we will form your Right to Manage Company and Incorporate it with Companies House. |
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(Day 2) We will then issue a S78 Notice to those owners who have not yet indicated their intention to join the company and inviting them to do so. We will also write to all owners at this time to keep you informed.
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(Day 16) Two weeks later we able to legaly issue the S79 Claim to the Freeholder, their agent and send copies of the claim to all flat owners.
Please note that the 'Right to manage' company and its members will at that time, be liable for the landlords reasonable legal costs for his consideration of the claim. Regardless of whether it is successful. This is likely to be around £80-100 per flat. The Claim will list all the members of your RTM company and also include the date on which it is expected that your company will take over the management of your building. |
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(Day 47)
Assuming no Counter-notice is received from the Freeholder rejecting the RTM claim with 1 month of the claim, the date on which your RTM company takes over will be 'determined' by the claim notice itself.
This date is likely to be three months from the date of the claim. |
→ | If so |
→ | In this unlikely event, an application to a
Leasehold Valuation Tribuneral will become necessary. We will advise you at that time help you to decide if you wish to persue your Right. At this stage furtther costs would be incured.
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(Day 140)
At the end of the 3 months (on the 'Acquisition Date' the management responsibility passes automatically to your RTM Company. Your new company then becomes your new Landlord and is of course, then responsible for maintaining the terms of the lease. The main advantage is that as owners of flats you will ultimately have control over the management company which you own and therefore have a greater say in the way in which the management responsibilities are handled. |
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If you would like us to manage
your block with you we will
be happy to help.
Link to 'Block Management' service. |
If you'd like to know more you may like to visit our 'Right to Manage' Frequently Asked Questions section here or just give us a ring.