Right to Manage Leaseholders

This is a complicated and complex process and so it is important to establish at the very beginning, whether your building qualifies and if you do have the right to make the claim, before costs are incurred. We can help provide that initial advice and guidance.

If you do not have the requisite number of leaseholders on board we can assist you with building that support. It is often easier for us to explain the process to other residents and we are happy to arrange an informal meeting with the other residents or to contact them directly to help get the numbers you need to move to a successful claim.

We can assist, guide you through, or even deal with the RTM incorporation on your behalf. The company must be a private company, limited by guarantee and it is important that the correct name and articles of association are chosen, or the company will not meet the required criteria. This may also mean more than one company is required.

Once the company (or companies) are incorporated, the RTM Company must give notice to each leaseholder inviting them to become a member of the company. It is important that the notice follows the correct protocol and the prescribed form, as even small discrepancies could invalidate the notice, meaning the process would need to be started again from the beginning. Again, we can assist and guide you through that process.

Once the requisite number of leaseholders have confirmed their participation in the RTM, a claim notice must be served on the landlord. If a management company or managing agent is also a party to the lease, notice must be served on them also. Again, it is fundamental that the claim notice is served in a prescribed form and following the rules for service. We will continue to support you during this stage.

Once the RTM company has successfully exercised the right to manage, it will assume the management functions with effect from the acquisition date (usually around 3 months after the claim notice is served). It is important that the RTM has a managing agent lined up to take over the existing management contracts, service charge funds and other responsibilities from the acquisition date. We will deal with the handover process from start to finish to ensure a smooth transition.