Right To Manage

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    Right To Manage

    Hello,

    We are 2 flats 50% of the building and intend to get the right to manage as the freeholder is nightmarish.

    how hard is this to do? And do we definitely need solicitors for this or can it be done by ourselves ?

    thank you.

    #2
    I'd recommend getting a company to do it for you - there're a lot of things which can go wrong if your freeholder decides to make it hard for you.

    I know for larger blocks, companies like Canonbury will waive the fees if you agree to take their services as a block manager after the RTM procss is complete. Worth asking if it applies to you?

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      #3
      Thank you for your advice but yes, can't really afford more legal fees . Also would rather keep it managed between ourselves. It's a small block...
      anyone else has any experience with this?
      thank you!

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        #4
        The problem with a small block is that there is unlikely to be even one person with the necessary skill set to be a director. Even if you are lucky, and you have a viable board now, it will collapse as people move.

        People without the right skills are likely to ignore the law and dig a big hole for their successors.

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          #5
          Thank you. Well I would be managing so not worried about that as pretty much on the ball and have agreement from everyone to set up service charge and schedule of work etc...
          how comes it feels everyone is against it? When one has a terrible leaseholder and the whole building is falling apart, surely it isn't a better option?

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            #6
            Originally posted by Roger carter View Post
            how comes it feels everyone is against it? When one has a terrible leaseholder and the whole building is falling apart, surely it isn't a better option?
            I think you mean terrible freeholder not terrible leaseholder and no, I do not believe that everyone is against right to manage. I think that they are just trying to point out that sometimes RTM is not the answer as it is not as easy to run your block as you might think. Even if you appoint a top flight managing agent to do the work for you, the buck still stops with the RTM Company Directors (you leaseholders) since the managing agent is merely an employee. Sometimes it might be better to maintain the status quo and tackle your freeholder with all the leasehold law that presently exists. In your case you could try appointing a manager instead and/or seek a compulsory acquisition order.

            I am a RMC Director - which is much the same thing as being a RTM Company Director. The apathy among leaseholders to take an interest in managing their block is legendary. On the other hand there are some real zealots out there, with no clue about leasehold law or the leases whom are determined to exert power and control over other leaseholders - just because they volunteer their time as a Director. Sorting out issues with your fellow leaseholder neighbours can be far more stressful than sorting out issues with a remote and faceless freeholder.

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              #7
              You can download the free guide to RTM procedure from www.lease-advice.org.

              Its best if all 4 leaseholders participate in the setting up of RTM.

              If you want to manage the building yourself, I suggest you buy a copy of the "RICS Residential Management Code" or you may read a copy online. Its the RICS guide for managing agents.

              If you need help , join the FPRA

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