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 other qualifying leaseholders if they want to join the RTM company. To do this, send them a ‘Notice to Participate’. The landlord can join, but only after the RTM company has taken over.
Step three – ask the landlord to transfer management responsibilities
Send the landlord a ‘Claim Notice’ at least 14 days after step two. This document confirms things like:
• a deadline for the landlord to respond, they must have at least one month
• a date for the RTM company to take over, this must be at least three months after the landlord’s deadline
If your landlord is ‘absent’ (can’t be found), you can ask the LVT to approve your Right to Manage claim.
Step four – the landlord’s response
The landlord’s response is known as a ‘Counter Notice’. The landlord can:
• agree that you have the Right to Manage
• not respond
• challenge your Right to Manage
If the landlord agrees to your claim or doesn’t respond in time, you will take over the management responsibilities on the date given in your Claim Notice.
The landlord can only challenge you if:
• the building doesn’t qualify
• not enough qualifying leaseholders joined the RTM company
• any of your notices are invalid – for example, incorrect or missing certain information
If this happens, you can ask the LVT to settle the dispute. But, you should do this within two months of the landlord’s Counter Notice.
Step five – handing over management responsibilities
Before you take over, the landlord should:
• tell the businesses currently providing services that the RTM company is taking over, this is called a ‘Contractor Notice’
• give you details about existing service contracts, this is called a ‘Contract Notice’
• hand over any unspent service charges to the RTM company, you can appeal to the LVT if you can’t agree the amount
If you have any queries with the above process please do not hesitate to get in touch with the Right to Manage Info team.