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Below you will find a list of questions people frequently ask
about The Right To Manage procedure.
How many people does it take to start the Right to Manage
Who should stand as Directors in order to create the RTM
The 1st lessees wanting to start the process.
What type of Memorandum & Articles of Association should we
Memorandum & Articles of Association must be in a form as
prescribed by Regulations under the Commonhold Leasehold Reform
What is the acquisition date?
The day that residents take control.
Roughly how long will it take, to take control?
The timetable of the various stages is set down in law. You
should allow about 6 months, it may take longer if the landlord
When do we start being liable for the landlord's costs?
Once the Notice of Claim is served on the landlord and any other
relevant party, the RTM company and its members are liable for the
reasonable costs of those upon whom Notice is served. This includes
the costs of their professional advisers.
What is the 50% rule?
For the Notice of Claim to be valid, at least 50% of the
qualifying tenants must be members of the RTM company. We recommend
that as many as possible sign up as this ensures a legal route to
share RTM costs.
Do we have to let the Landlord be a member of the RTM
If he/she wants to YES.
When did the Right to Manage come into effect?
By virtue of the provisions of the Commonhold and Leasehold
Reform Act 2002 effective autumn of 2003.
Is this like the former application to LVT to appoint a
No, because there is no need to prove any fault on the part of
the freeholder or the current manager.
How small can the block be in order to be able to prepare a
Right to Manage application?
What are the typical criteria we should think about?
Do the premises consist of a self-contained building, or part of
a building, (part of a building can be classed as self-contained if
it has vertical division, could be redeveloped independently and
has, or could have, its own services).
At least 2/3rds of flat owners must "qualify", ie, hold the
residue of a lease that was originally for more than 21 years.
Do the 50% of leaseholders all have to be different flat
No, there is no limit to the number of flats owned by one
We have commercial parts to our block, how does this affect
The commercial/non-residential content must be no more than 25%
of the total floor area.
Right to Manage does it matter how long we have owned our
For Right to Manage does it matter how long we have lived in
For Right to Manage we rent out our flat as an investment, can
we still be a qualifying tenant?
There are garages at our block, do these count as non
residential parts of the premises?
A garage, parking space or storage area where used, or intended
for use, in conjunction with a particular dwelling contained in the
premises shall be taken to be occupied, or intended to be occupied,
for residential purposes.
What is the criteria for determining the internal floor
For the purpose of determining the internal floor area of a
building or of any part of a building, the floor or floors of the
building or part shall be taken to extend (without interruption)
throughout the whole of the interior of the building or part,
except that the area of any common parts of the building or part
shall be disregarded.
If we are a small block & our Freeholder/landlord lives in
the block, what does this mean?
4 units is the critical number, if your block has 4 units and a
resident landlord then the normal rights to not apply.
What is the definition of a resident landlord?
The premises are not, and do not form part of, a purpose-built
block of flats (that is, a building which, as constructed,
contained two or more flats).
A relevant freeholder, or an adult member of a relevant
freeholder's family, occupies a qualifying flat as his only or
Our landlord is resident but he only just bought the freehold,
how does this affect matters?
Broadly, the freeholder must have throughout the last twelve
months occupied the flat as his only or principal home. There are
other complex criteria and a case by case approach needs to be