Since its introduction in the Commonhold and Leasehold Reform Act 2002, many leaseholders have acquired and exercise the right to manage in respect of their block of flats.
Subject to meeting the qualifying criteria, and serving the correct documentation (within the correct timeframes), leaseholders have a statutory right to manage their block. This means they exercise the “management functions” for the block.
Right to manage isn’t about fault. Instead, it’s the exercise of a statutory right leaseholders have to take over the management of their block.
There doesn’t have to be any fault on the part of the landlord (or management company).
But there’s strict qualifying criteria which the RTM company has to satisfy, and also a process that must be followed. Any deviation is likely to be fatal to a claim.
Qualification is key
The qualification criteria for right to manage is strict. This applies not just to the leaseholders, but to the building too.
On top of that, it’s also imperative to serve the right paperwork. In the right way. And within the prescribed timeframe.
Failures to follow the procedure can be devastating.
And the Tribunal is littered with cautionary tales where the processes weren’t followed by the parties.
That’s why it’s important to get the experts on your side.