Tag Archives: kent

After exercising RTM, do we have to appoint an agent?

A building will not manage itself, and there is much to be done if the leaseholders are to receive the services promised in the leases and the building kept in good repair; insurance needs to be put in place and … Continue reading

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Our landlord lives in the building. Does that complicate the Right to Manage porcess?

RTM does not apply where the premises fall within the resident landlord exemption. To fulfil this exemption – The premises must not be a purpose-built block of flats AND There must be no more than four flats AND One of … Continue reading

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The acquisition date…explained

The acquisition date is the date on which the RTM company formally takes control of the management from the landlord: where the landlord has not disputed the claim, the acquisition date will be the date specified in the company’s Notice … Continue reading

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Can I obtain a copy of my insurance policy?

Under the Landlord and Tenant Act 1985 an individual leaseholder or the secretary of a recognised tenants’ association can ask the landlord for a written summary of the policy or an opportunity to inspect and take copies of the policy. … Continue reading

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Do I need permission from the freeholder to sub-let my flat?

You should ensure that the lease allows you to sublet the property. There may be a pre-condition that you must obtain consent from your landlord or some other party before subletting. This means that you cannot sublet without first obtaining … Continue reading

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The freeholder is carrying out major works. Does the freeholder need to consult me?

Section 20 of the Landlord and Tenant Act 1985 requires the landlord to consult the leaseholders before carrying out major works which will cost any individual leaseholder more than £250. If consultation is not undertaken the landlord cannot recover more … Continue reading

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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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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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