Terms and Conditions (Right To Manage)

This page sets out our general terms and conditions.

  1. Vision Property & Estate Management UK Ltd is a company regulated in England and Wales under company number 07057049 suite 2 Elmhurst,96 -108 High Road, London E18 2QS.
  2. The Client is the person or persons or company engaging Vision Property & Estate Management UK Ltd to start the Right to Manage Process for them in respect of their property or that of their Company.  
  3. Vision Property & Estate Management UK Ltd shall be under no obligation to the Client until payment has been received in full following an invoice sent by Vision Property & Estate Management UK Ltd. Until such time as the invoice has been paid in full and the questionnaire completed by the Client and received by Vision Property & Estate Management UK Ltd, Vision Property & Estate Management UK Ltd shall have no obligation to start the Right to Manage Process. 
  4. Any claims brought against Vision Property & Estate Management UK Ltd are not effective unless served at its registered office or at the address published on its website.  Vision Property & Estate Management UK Ltd does not accept the service of claims by email.
  5. No third party may claim any rights under the contract (Rights of Third Parties) Act 1999 or any other legislation. 
  6. In the event of any dispute or dissatisfaction, the Client shall write to Vision Property & Estate Management UK Ltd in a effort to resolve matters. In the event that the matter cannot be resolved by agreement or negotiation, then both parties will agree in the first instance to either arbitration or mediation. In the event that the Client does not agree to arbitration or mediation, prior to the issue of a claim form, the Client will pay all of the Vision Property & Estate Management UK Ltd legal expenses.
  7. The total liability of Vision Property & Estate Management UK Ltd, shall be restricted, in all circumstances, to a maximum the charges levelled by Vision Property & Estate Management UK Ltd for the right to manage process. This figure cannot be exceeded under any circumstance.  
  8. The contract will be governed by the jurisdiction of England of Wales. Vision Property & Estate Management UK Ltd shall be entitled to hold financial and other information, which will be held in a secure manner on its servers. Vision Property & Estate Management UK Ltd, will endeavour to protect that information and will use reasonable measures to do so. We will not be liable for any damage incurred as result of storage of this information/data in any way. The Client agrees to permit the Vision Property & Estate Management UK Ltd to hold information regarding the Property, the members of any RTM Company, the lessees of the property, Management Company, the freeholder, historical management, and any other information which it requires in electronic form. 
  9. Vision Property & Estate Management UK Ltd will not pass on any Client or Lessee data to any third parties unless its necessary in order to complete the Right to Manage Process and or is required as a matter of law or by any court.  
  10. Vision Property & Estate Management UK Ltd, will use email details for its own distribution of information and updates and infrequent contact about services on offer which may be beneficial to the Client of Vision Property & Estate Management UK Ltd. The Client agrees that Vision Property & Estate Management UK Ltd can use this information for this purpose. 
  11. All legal documents produced during the Right to Manage Process belong to Vision Property & Estate Management UK Ltd. If additional copy documents are required Vision Property & Estate Management UK Ltd shall be entitled to charge for the same. 
  12. The Client, will, without delay, provide Vision Property & Estate Management UK Ltd, with information it requires in respect of the property, and the perspective RTM company and members and officers of the company will do so as soon as reasonably practical. In the event that the Vision Property & Estate Management UK Ltd, is either a director and or company secretary, or one of the directors of Vision Property & Estate Management UK Ltd agrees to act as the director and or company secretary, the Client agrees that at the completion of the RTM process, these roles can be transferred to nominated members of the building. If no members are nominated then the Client agrees that Vision Property & Estate Management UK Ltd may resign the nominee directorships and secretarial roles and not appoint new officers.  
  13. Vision Property & Estate Management UK Ltd will properly form a Right to Manage Company (''RTM'') on behalf of the Client. This will be in guidance and the provisions of the 2002 Commonhold and Leasehold Right To Manage Act (''the Act''). The Client agrees that Vision Property & Estate Management UK Ltd can use all Formation Company or agent to undertake this task. 
  14. The initial directors of the RTM Company will be nominee directors and a nominee secretary. The Client agrees, that as at the date after the expiry date by which the freeholder must serve a counter notice that they will nominate a director and company secretary.  In the event that no directors or company secretary details are provided Vision Property & Estate Management UK Ltd can resign and take no further action.
  15. Vision Property & Estate Management UK Ltd will serve by first class post, or any other method prescribed by the Act, the Invitiu notice after formation of the RTM Company to any Lessees who are not RTM Members at that time as provided for by reference to the data provided by the Client and HM Land Registry.  
  16. After the expiry of least 20 days from the service of the Invitiu notice, Vision Property & Estate Management UK Ltd will serve by first class post or such other method as specified by the Act, a claim notice in the format required by the Act.  
  17. In the event that a counter notice is received from the Landlord or the Landlords agent, Vision Property & Estate Management UK Ltd will notify the Client of this in the event that an application requires a Leasehold valuation tribunal to rule on this, this will attract extra fees.  The Client agrees, before Vision Property & Estate Management UK Ltd will submit the application to the LVT, to pay such fees in order for the Right to Manage claim to be determined. 
  18. Vision Property & Estate Management UK Ltd will notify the Client of the success of the RTM process a least 28 days before the acquisition is due to take place. 
  19. The non receipt of any counter notice to the expiry of the counter notice deadline shall be determined as a successful acquisition of the RTM process.