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Rights to Manage applications

Owning a leasehold flat can have advantages in that maintenance and services are not the responsibility of the residents, but if they are unhappy with how the building is managed, they may consider making a right to manage application, which can be administered by the property conveyancing specialists at George Ide LLP.

A number of qualifications have to be met by a group of leaseholders before they are allowed to set up a Right to Manage (RTM) company and a solicitor’s guidance is important at all stages of the procedure to ensure it is set up correctly.

The official conditions for qualification include that at least half the number of leaseholders in a privately-owned block of flats are agreeable to joining the RTM company and that at least two-thirds of them are held on leases of more than 21 years.

The building has to have at least two flats – houses are not included – and if more than a quarter of the building has a commercial use, such as shops or offices, it will not be within the scope of the scheme. Another exception is if the property is not a purpose-built block of flats and the landlord is usually resident in part of it.

The leaseholder who takes the initiative in setting up an RTM company will need to ask the other residents if they wish to join by sending them a Notice to Participate. Then, if there is sufficient interest, a property solicitor can be consulted to take the next steps, including sending the landlord a Claim Notice.

The landlord then has a chance to respond with a Counter Notice, giving agreement or otherwise. One of the few ways in which a landlord can challenge the proposal is by saying the correct procedures have not been followed so it is important that everything is accurate.

If the landlord does not respond, is absent or disputes the leaseholders’ Notice, a Leasehold Valuation Tribunal can make a judgement on the future of the application.

When a RTM company has been agreed, management responsibilities can be handed over but, again, there are some particular procedures to be followed and a law firm specialising in landlord and tenant matters can ensure the new services arrangements will run smoothly to the benefit of all leaseholders.

Solicitors at George Ide LLP have helped many residents of flats in Chichester and Bognor Regis to make Rights to Manage Applications and the experienced conveyancing team is happy to offer advice and representation as required.

For more information on all residential property conveyancing services, you can speak to our solicitors over the phone or via an email. Please see the solicitor profiles on the right of this page.