Right to Manage

If you are a Leaseholder in a block of flats and are frustrated or concerned about the current management of your block, the law empowers you and your fellow residents to take full control of the management of your block from the current Freeholder or managing agents by instigating the Right to Manage (RTM) Process. One of the key features and successes of the Right to Manage brought in by the Commonhold and Leasehold Reform Act 2002, is that it is not necessary for you or your fellow Leaseholders to prove any fault on the part of the current management in order to take control over your block. In simple terms, you as a Lessee have an absolute right to decide who should manage your block and care for your home. At KMP Solutions, we can assist you in the Right to Manage process from start to finish. Why not call us today on 0208 371 9171 to see how we can help? As a general overview there are three key requirements that need to be fulfilled in order for the Right to Manage procedure to be commenced:

• •  At least 50% of the flat owners need to be in agreement.
  • At least 75% of the block must be residential.
  • At least two thirds of the residential units must be let on long leases (at least 21 years).
It is recommended to obtain support for the Right to Manage process informally, and only where enough Leaseholders display an interest are matters progressed to the next stage. Organising and administering the Right to Manage procedure can be a lengthy and time consuming process, particularly if carried out by someone without the relevant knowledge and experience. At KMP Solutions we are here to help administer the process from start to finish. All we will require from you are the names and addresses of the proposed directors of the RTM company, the names and addresses of all the RTM members (those lessees who wish to participate in the RTM process) and where you would like the registered office of the company to be. We will then deal with the formation of the RTM company and the service of all the relevant notices. We will of course keep you constantly informed of progress. We charge a low flat fee for administering the process on your behalf. A Formation charge will also be payable by the block in relation to the associated fees in setting up the RTM Company. On average, the entire process can take between 6 – 8 months. It is important to note that your Landlord may seek to delay and frustrate matters which could delay the process slightly, however from our experience most landlords are resigned to the fact that lessees have a right to dictate how their block should be managed. The Landlord is also entitled to become a member of the RTM Company provided that this is requested. The landlord is entitled to recover his reasonable costs incurred in this process.