Right to Manage Claims
If you feel that there is poor management of the block of flats or that the landlord does not have the interests of the tenants at heat or if you just want more control over the building in which your flat is in, then there is now a statutory Right to Manage under the Commonhold and Leasehold Reform Act 2002.
At Sintons, our Dispute Resolution team has considerable experience of representing parties through the entire process. We provide clear and direct advice at the outset about the full range of options and procedures available to tenants and will work with you to ensure that you are successful in acquiring the Right to Manage.
Why Acquire the Right to Manage
You do not need to show that there has been mismanagement of the building but tenants often consider exercising the Right to Manage where they feel that having more control over the building will improve the management, enhance their enjoyment and increase the value of their property.
By acquiring the Right to Manage, the Right to Manage company will assume the management functions for the building, often appoint their own managing agent and be responsible for:
There is a strict procedure to acquire the Right to Manage and it is vitally important to note that even the smallest failure can result in the process failing and leaving the Landlord and current managing agent entitled to have their reasonable costs paid.
Tenants should consider the following procedural points:
- Tenants do not need the landlord’s consent, a court order or to show that there has been mismanagement of the building to exercise the Right to Manage
- The Right to Manage is exercised through a Right to Manage Company that is limited by guarantee and must be incorporated and operated in accordance with certain statutory requirements. As such, it is not individual tenants that acquire the Right to Manage.
- The Right to Manage Company must invite participation to the Right to Manage company from all qualifying tenants.
- The Right to Manage company exercises the Right to Management by giving notice, in the prescribed form, to the landlord, managing agents and all qualifying tenants
- Once a Right to Manage notice has been served, it is important to consider that the landlord and current management company are entitled to their reasonable costs of dealing with the notice and subsequent costs associated with the transfer
- If the Landlord fails to serve a Counter-Notice or admits the Right to Manage then the management will transfer to the RTM Company
At Sintons, we can support tenants in successfully acquiring the Right to Manage and provide clear practical and effective advice throughout the entire process.
For more information about our expertise and how we could help you, please contact us.