right to manage requests
If you would like to take control of your building and make decisions on costs and building management, then you may want to consider your right to manage.
What is a Right to Manage Request?
The right to manage (RTM) is the option given to leaseholders of a building or block of flats to take over management of their property. It’s different to leasehold enfranchisement as it only allows leaseholders to take on management responsibilities rather than buy a share of the freehold.
A landlord or building management company doesn’t necessarily have to be doing a bad job for leaseholders to exercise their right to manage. It can simply be a matter of them taking responsibility into their own hands.
Furthermore, when leaseholders are successful in invoking their right to manage, they must make a decision on whether to manage the building themselves, or to appoint a new building management company.
The requirements to apply for the right to manage are as follows:
- The building must be self-contained and include at least two flats
- At least two 2/3 of the flats within the building must be let to qualifying tenants
- The minimum required number of qualifying tenants must be 50% or more of the total number of flats in the building
- A qualifying tenant is a leaseholder whose original lease was granted for a term of more than 21 years
- The building can be part commercial but cannot exceed more than 25% of the floor space
Can a Landlord Refuse a Right to Manage Request?
Simply put, no, provided the application was done correctly and all the requirements are met.
Depending on the nature of the relationship, leaseholders may choose to inform the landlord of their intent to raise a right to manage request. However, the landlord’s consent is not required for the request to go ahead.
If a right to manage request is successful, the leaseholders will need to set up a building management company or appoint a new one. The former landlord will be entitled to join any building management company that is set up.
Leaseholders should be mindful of serving a right to manage request on a landlord who performs all their duties, particularly if they lack the experience to manage a building themselves.
How can a Lawyer Help with your case
The main reason right to manage can be difficult is a failure to follow the correct process.
A lawyer’s duty during an RTM case is to manage the development of the process. For example, if the landlord of your building chooses to dispute your claim, the process can be lengthy and complex, so you may need a lawyer to help with your dispute.
Further than this, when starting your RTM company, you need to make sure that the rules and responsibilities of the company are delegated correctly to each leaseholder, to avoid confusion in the future. A lawyer can help you to protect your finances when you take over the management of the company, and make sure that your RTM runs smoothly.
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