Right to Manage


With the introduction of the Commonhold and Leasehold Reform Act 2002 leaseholders have been afforded a significant opportunity to act collectively to improve the management standards. Under this Act, if the Property qualifies, each lessee has the right to become more involved in the management and upkeep of the managed property by means of acquiring a Right to Manage (RTM). This is accomplished by setting up a Right to Manage Company of which qualifying leaseholders can become members.

What are the Criteria?
There are a number of criteria that must be met before the RTM procedure can be progressed:

  • At least 50% of the qualifying leaseholders within the development must sign-up for the process and become members of the RTM Company
  • At least two thirds of the leaseholders within the development must have long leases (a long lease being defined as having a term greater than 21 years at the time of issue).
  • No more than 25% of the block may be used for non-residential use (excludes car parks and common areas connected with the flats).

In general if the managed property meets the above requirements then there is a high probability that you as a leaseholder can successfully undertake the RTM process. We would be happy to discuss and advise you in further detail on the above requirements.

What are the Benefits?
Successful completion of the process empowers leaseholders with the ability to fully control the running of the managed property where their flat is located , including how and where service charge funds are spent. This means that as lessees you will collectively, via your RTM company, have more control of your affairs and in most instances be able to save considerable sums on repairs, maintenance, management fees, insurance costs and other such service charge items. You decide what management strategy to employ. This may also help to improve the marketability and value of your lease  along with living conditions within the managed property. This would be accomplished by agreeing service standards with us as your chosen firm of managing agents.

Why Choose Us?
We have the essential experience necessary in starting and progressing the RTM process on behalf of leaseholders, having assisted a large number in successfully following this through. We are fully aware of all relevant aspects of legislation and are able to guide and advise leaseholders through all phases of the RTM process and more, including:

  • Establishing an action plan and bringing leaseholders together prior to the formal process
  • Incorporating the RTM Company to allow the procedure to commence, including acting as Company Secretary or Director where necessary, and compliance with Company Law.
  • Serving the required Notice of Invitation to Participate on all qualifying leaseholders
  • Issuing the Claim Notice upon the Landlord and other relevant parties
  • Dealing with any queries or Counter Notices served by the Landlord or other relevant parties.
  • Assisting the RTM Company in forming the necessary service charge budgets and plans for the development
  • Ensuring all necessary items are in place for formal commencement of management by the RTM Company
  • Liaising with the Landlord following completion of the RTM process in ensuring compliance with statutory obligations.

Once the RTM process has been completed, we will continue to work with the RTM Company post completion to efficiently and successfully manage the property on behalf of its leaseholders, including arranging and attending Annual General Meetings and other such requirements.
If you wish to significantly improve your current management service, please do not hesitate to contact us and we will be happy to meet with you to discuss a suitable management strategy.

We also know the various issues that can befall the RTM process and so can ensure that all matters are checked appropriately, thereby making sure the process is right first time and avoiding unnecessary cost implications for leaseholders.

We also have access to various tried and tested legal experts, including Direct Access Barristers, who are able to provide vital advices and opinions when matters can get complex, such as with much larger blocks or multi-tenure properties.  This is in addition to the legal expertise and experience that we have within our own team.

Across the last 18years , a large proportion of our new business instructions have been by way of  RTM. We have also assisted various leaseholders in exercising and acquiring their management rights through this process.  This includes going up against large corporate landlords and multi-block / multi-tenure estates and properties.