right to manage

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    right to manage

    hello all,

    in the process of serving claim notices on the freeholder and current management co. My question is do you also need to serve a copy to sub tenants? One of the leaseholders has 3 flats (two of which are sub let to others) - would they need to be served with the notice?

    also would a private road count as a management function which would then revert to the RTM?

    #2
    You need the support of atleast 51% of the leaseholders in the block before you claim the right to manage from the freeholder..

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      #3
      hi, yes i am aware if that. I know that a claim notice must be served on all parties to the lease other than the leaseholder, i was just wondering therefore whether a copy must be served on sub lessees

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        #4
        can anyone else advise??

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          #5
          From past experience, I remember the claim form has to show support by atleast 51% of leaseholders. It will show the Land Registry Property Title No, of the flat, the name of the current leaseholder and signature by leaseholder.

          Who are your sub lessees ? Leaseholders or monthly renters ?

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            #6
            there are 30 flats in total split into two (15 per block), 11 out if block 1 have agreed and 14 out of block 2 have agreed

            sub lessees are monthly renters

            what is the situation with the private road, is that a management function??

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              #7
              I think monthly renters are not required to sign the RTM claim form but you can send a letter to the flat for the renter to pass back to the letting agent and off-site leaseholder who should be kept informed ..

              If the maintenance of the private road is paid by the service charge account, it should come under the RTM . You need to check with Land Registry for legal ownership of the private road. whether still under the developer or sold off to third party..

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                #8
                Originally posted by Gordon999 View Post
                You need the support of atleast 51% of the leaseholders in the block before you claim the right to manage from the freeholder..
                Isn't it at least 50% ?
                There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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                  #9
                  yes its 50%

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                    #10
                    You probably need more than 50% on the claim form in case the freeholder or solicitor finds some ways to disqualify some leaseholders and run up the legal expenses against the RTM.

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                      #11
                      Originally posted by Gordon999 View Post
                      You probably need more than 50% on the claim form in case the freeholder or solicitor finds some ways to disqualify some leaseholders and run up the legal expenses against the RTM.
                      Indeed, we had the situation where although I was the lessee of 3 flats , I only counted once , so we needed more than 50% in the end.

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                        #12
                        i thought you would count for 3 if you were the lessee of 3?

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                          #13
                          Originally posted by acorns55 View Post
                          there are 30 flats in total split into two (15 per block), 11 out if block 1 have agreed and 14 out of block 2 have agreed
                          The triplerose court of appeal judgement (https://www.leaseholdknowledge.com/t...lti-block-rtm/) said that RTM must be done on a per block basis. Are you making separate applications for each block?

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                            #14
                            hi yes,

                            two blocks of 15 so will be one RTM for each

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                              #15
                              one member has three flats in a block, therefore if they consent that counts as 3 qual. leaseholders doesn't it?

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