Right to Manage

Right To Manage (RTM)The Right to Manage allows leasehold tenants to remove the company which manages their block and replace them with a company of their choosing. 
Why claim your Right to Manage?


If you live in a block of flats and do not have a say in who runs that block then you can benefit from the Right to Manage process. The right is available to all flat owners, in all blocks, where they fulfil the following criteria:

  1. At least 50% of the flat owners within the physical block of flats must want to go through the process.
  2. At least two thirds of the flat owners within the physical block must have long leases ( more than 21 years at the time of issue).
  3. No more than 25% of the block may be used for non-residential use (excludes car parks and common areas connected with the flats).

If your block fulfils these criteria then it is highly likely you will be able to go through the Right To Manage process with 100% success. There are a small number of technical legalities that can prevent some being eligible so you should discuss with our sales team beforehand whether to progress your claim as one claim or several for your complex.

If you find that you are not eligible for the process, we may be able to help by offering to assess the issue you have for a fixed fee and then in come cases, it may be possible to make an application to the Leasehold Valuation Tribunal – please contact our Sales Team for further information.

 

Other Costs & Information


There are a few other things that you must know before proceeding with the Right to Manage process:

 

 The freeholder’s reasonable legal costs

If you go through the process, you are liable to pay the reasonable legal costs of the freeholder. These, in our experience are claimed in most cases so you need to ensure you are prepared for the possibility of additional costs. This is, however, a charge levied by the freeholder’s solicitors and so we would have no control over this. If they do levy a charge and you consider it too high then you can apply to the Leasehold Valuation Tribunal for them to determine this. We can do this for you but only if you are successful in the Right to Manage claim and we are appointed as managers for your block.

 

Leasehold Valuation Tribunal
If a counter notice is received then an application must be made to the First-tier Tribunal (Property Chamber) . There is no alternative to this, even though it is highly likely that the freeholder will have no valid reason for the counter notice. Red Rock make no charge for this in most cases, for applying to the First-Tier Tribunal

 

How long does the Right to Manage process take?

The Right To Manage process around 5 months and can take longer if we need to appeal to the First-Tier Property Tribunal.

Reasonable legal costs of the freeholder?

Yes, the law requires that you pay the reasonable legal costs of the freeholder.

Should we continue to pay service charges during the RTM process?

We recommend that the service charges continue to be paid to the incumbent agent during the RTM process to ensure continuity of services.

 

Further Information
Red Rock have a wealth of knowledge and experience please call 0333 123 5670 or go to the contacts page.

Further information can also be found here:

http://www.lease-advice.org/publications/documents/document.asp?item=18

http://www.legislation.gov.uk/ukpga/2002/15/contents

http://www.leaseholdknowledge.com/