Here at Right To Manage Info we have highlighted below some of the most common questions which are raised by lessees when enquiring about right to manage.
Q. What is Right to Manage (RTM)?
A. With the introduction of the Commonhold and Leasehold Reform Act 2002, leaseholders can exercise their Right to Manage their block of flats.
Q. Do we have to prove the freeholder has underperformed to exercise our Right to Manage?
A. The quick answer to this question is no. There is no emphasis on the lessee to prove fault by the managing agent or freeholder
Q. Do all flat owners have to be a member of the RTM company?
A. No, as long as 50% of the qualifying lessees are members, then it is most likely that Right to Managed can be exercised
Q. What is the qualifying criteria for the lessees to exercise Right to Manage?
A. There is three main criteria that leaseholders have to satisfy to exercise their Right to Manage. You can see our qualification page for full details, click here (link required here)
- At least 50% of qualifying leaseholders must support the RTM application
- At least two thirds of the qualifying tenants must have long leases (over 21 years)
- If there is a commercial aspect of the building, this must not exceed 25% of the total floor area
Q. Does a RTM company have to have Directors?
A. Yes, all RTM companies are companies which are limited by guarantee. There should be at least two Directors.
Q. What are the advantages of RTM?
A. It gives the lessees the ability to make choices including who manages the building, whether that is the lessees or an appointed managing agent. You have the CONTROL!
Q. What are the disadvantages of Right to Manage?
A. You have to set up a company which attracts responsibilities. The RTM company has legal obligations that should be considered carefully, especially if the lessees self manage.