The freehold has been sold without being offered to us. What can I do?

The Right of First Refusal (RFR) may apply, however, please note that there are certain disposals which are exempt. Where the freehold has been sold and the Right of First Refusal does apply there may be rights of enforcement against … Continue reading

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What happens to leaseholder funds after Right to Manage is exercised?

All leaseholders’ funds which are held on trust by your existing managing agent must be handed over to you or your appointed managing agent after the Acquisition Date. All funds in reserve fund accounts, sinking funds and future maintenance funds must … Continue reading

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How to avoid your Right to Manage claim being rejected

Technically there is no need for leaseholders to prove mismanagement by a landlord. The right to manage is available, whether the landlord’s management has been good, bad or indifferent. But let us face facts, the only real reason for leaseholders … Continue reading

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Some responsibilities of Right to Manage

•the leaseholders will manage the building through a company and will need to learn about company procedures or to employ someone to advise them on such matters. •people must be found to be officers of the RTM company, not just … Continue reading

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What are reserve funds?

Many leases provide for the landlord to collect sums in advance to create one or more reserve or ‘sinking’ funds. The purpose of such funds is to build up a sum of money to cover the cost of irregular and … Continue reading

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Is the right to manage (RTM) company bound to carry on with existing contracts entered into by the previous management arrangement?

It is considered that the RTM process may well frustrate existing contracts, that is to say, the takeover of management responsibilities by the RTM company will bring to an automatic end all existing contracts. The RTM company can then choose … Continue reading

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What happens after you have acquired the Right to Manage?

Once the Right to Manage has been acquired by a block of flats the hard work really begins. As the Right to Manage process has usually been instigated as a result of unsatisfactory management of the building, it is not … Continue reading

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What is Right to Manage?

If you own a leasehold flat and you are unhappy with the management of your building you might qualify for the Right to Manage (RTM). This is where you and the other leaseholders can take over the management responsibilities from … Continue reading

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The landlords costs – Right to Manage

The RTM company must reimburse the landlord for any costs he has incurred in the process. There is, perhaps, need for constant reminder that the right is not default-based and may be exercised against the best or most competent landlords; … Continue reading

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Right to Manage – basic steps

Step one – you have to set up the RTM company Get professional advice about setting up the RTM company; there are legal steps and fees involved. Step two – membership of the RTM company You have to ask the … Continue reading

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