Right to Manage

The Commonhold and Leasehold Reform Act 2002 provides the right for leaseholders to force a transfer of the landlord’s management functions to a special company set up by them, the Right to Manage Company.

Right to Manage was introduced not just as a means of wresting control from bad landlords, but also to empower leaseholders, who generally hold the majority of value in the property, to take responsibility for the management of their block. The Right to Manage is available to all leaseholders of flats, but is not available for houses.

We have extensive experience in the setting up of companies, and the sequence of notices that must be served on the landlord and lessees in order to qualify for Right to Manage. Leaseholders don't need to prove mismanagement by the landlord, the right is available whether the landlord’s management has been good, bad or indifferent.

The right is exercised by the service of a formal notice on the landlord. After a set period of time the management transfers to the RTM Company which has been set up by the leaseholders. We can carry out the full function of Right to Manage for you.

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First Tier Tribunal

The First Tier Tribunal (formerly known as the Leasehold Valuation Tribunal) is the formal name given to the Tribunal appointed to make decisions on various types of dispute related to residential leasehold property.

The First Tier Tribunal is independent of the parties to an Application and cannot give legal advice. However, they can make decisions on all aspects of service charges. They have the power to dispense with consultation requirements and can rule on all aspects of administration charges, charges under estate management and to vary leases. They can also deal with disputes under the Right to Manage and they can deal with the appointment of a manager.

We have on many occasions dealt with the Tribunal on behalf of clients on matters relating to service charges and other disputes bought by individual lessees. We have also been appointed to manage on behalf the lessees where a landlord has been managing in their own right or has appointed their own manager and the lessees have not been happy with those arrangements.

As managing agent for our clients, we can advise on how best to use the service, and when.