Follow The Right Process To Exercise Your Right To Manage Your Block - By: Tim Bishop

The right to manage is a legal right given to leaseholders to help them take control over the management of the block of flats or building in which they live in. They will then deal with the day to day running of the building and any maintenance that needs doing. In order to exercise this right, leaseholders will normally form a right to manage company (or RTM company). In order to form such a company you will have to follow a simple but regulated procedure.

Your first step in the right to manage is to look at the criteria contained in the Commonhold and Leasehold Reform Act 2002. You need to be able to satisfy this criterion in order to move forward with the process. Within the Act there are 6 different steps to satisfy; if you are rejected on one of these points it is probable that you will be unable to manage your block or building.

The term 'qualifying tenant' contains most of the major criteria. You must be a qualifying tenant to exercise your right to manage. A qualifying tenant must have been granted the original lease for at least 21 years originally. However there is a caveat to this, in that if 2/3rds of the tenants whom are interested in the right to manage have these longer leases they you are all still able to form a right to manage company.

Nevertheless, even if you satisfy the criteria there are more hurdles to jump. You must follow the formal legal process, step by step. There is a proper legal process to follow in order to create a right to manage company. You will have to apply to Companies House for registration and invite those other tenants to be members.

At this point you must officially notify the landlord that you are planning on exercising this right to manage and that you are creating a right to manage company. This will then lead to a possible counter notice from your landlord saying how you are unable to do this. As you can imagine, this makes the whole process a lot more complicated.

Commonly people use a specialist right to manage solicitor in order to help establish their qualifying criteria and follow the correct legal process. It is possible that your landlord actually has no legal rights and cannot reject your right to manage application, however you will not have the specialist legal knowledge to recognise this.

About the Author

Bonallack and Bishop are specialist right to manage solicitors with significant expertise in advising on the right to manage leasehold property. Tim Bishop is senior partner at the firm, responsible for all major decisions. He has grown the firm by 1000%.

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