right to manage

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    #16
    Originally posted by acorns55 View Post
    one member has three flats in a block, therefore if they consent that counts as 3 qual. leaseholders doesn't it?
    Yes, they provide consent for each flat, not for each person.

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      #17
      Originally posted by Benzo View Post

      Yes, they provide consent for each flat, not for each person.
      I've just been reading about acquiring freehold and it said that anyone who owns more than two flats doesn't count or can't take part at all - but it's probably different for right to manage - which I haven't read anything about yet apart from this post

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        #18
        Originally posted by Section20z View Post

        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.
        thought so, but his comment confused me!

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          #19
          Could anyone advise! I am currently in the process of serving the claim notice to the freeholder and understand that this also needs to be sent to the current managing agent.

          Do I send the managing agent a copy of the claim notice with the name and address of the freeholder on it or does the name and address have to be the managing agent.

          Thanks in advance

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            #20
            Have a look at your current service charge bill. It will have an 'address for service' of notices to your Freeholder on it. Use that for the freeholder address, not the registered address. Also send it recorded post - they will mess with you if you don't.

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              #21
              am i right in saying that all liability passes to the RTM on acquisition? I.e. say for example there was an injury on the property the RTM would be liable even if injury resulted from poor management by landlord prior to acquisition?

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                #22
                The RTM takes over the service charge account after the agreed "handover date." from previous management. The RTM is not responsible for any issues created before the handover date.

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                  #23
                  but aren't they responsible for the managed areas after handover date? Therefore if someone gets seriously injured on the premises they would be liable not old management??

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                    #24
                    bump panicking now!

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                      #25
                      Originally posted by acorns55 View Post
                      but aren't they responsible for the managed areas after handover date? Therefore if someone gets seriously injured on the premises they would be liable not old management??
                      This is a fairly complex area of law. Both you and the freeholder would be jointly responsible (from a legal perspective) but if one of you is responsible for the management of the space then probably more of the burden will fall on them.

                      Is the 'premises' you're referring to part of the retained management area? I.e. will the RTMco manage it, or has it been retained by the Freeholder for management purposes? (Better - is it demised to residents or is it shared with the other block, and if the latter, have you come to a management agreement on it?)

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                        #26
                        not 100% on the question but the RTM co will manage the management areas on behalf of the landlord. The freeholder is different to the landlord

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                          #27
                          The building must meet certain conditions and a minimum number of leaseholders are required to take part.
                          • at least two-thirds of the flats must be let to ‘qualifying tenants’*;
                          • it can be part-commercial but the non-residential part must not exceed 25% of the total floor area, excluding common parts
                          • RTM does not apply where the immediate landlord of any qualifying tenant is a local housing authority.
                          • RTM does not apply where the premises fall within the Resident Landlord Exemption. To fulfil this exemption would require the following:
                            • The premises must be other than a purpose-built block (for example a converted house); AND
                            • They must comprise not more than four flats; AND
                            • One of the flats must be occupied by the freeholder or an adult member of their family as their only or principal home for the last twelve months.

                          *A ‘qualifying tenant’ is a leaseholder whose lease was originally granted for an original term of more than 21 years. There is no requirement for any past or present residence in the flats, nor any limit on the number of flats which can be owned by one person.

                          The right to manage may only be exercised by a right to manage company and the members of the RTM company must comprise a sufficient number of qualifying tenants. The required minimum number of qualifying tenants must be equal to at least half the total number of flats in the building.

                          The right relates to a building, so, in an estate of separate blocks, each block would need to qualify separately and an individual RTM notice served. In the case of an estate of flats under the same management, it would be sensible to take over the management of the whole estate, but this would have to be accomplished by application in respect of each separate block.

                          https://www.lease-advice.org/advice-guide/right-manage/

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                            #28
                            hi Gordon

                            yes familiar with that aspect, but not sure on liability and cannot find much online. If the old management co failed to fix a roof for example and a part of the roof fell, would the new RTM be liable as they have taken over management functions?

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                              #29
                              Yes. The RTM takes over the "management functions" from the previous management and has to fix the roof if it needs repair.

                              The RTM has legal powers to demand service charge payment from the leaseholders and uses the leaseholder money to fix the roof.

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                                #30
                                Originally posted by acorns55 View Post
                                not 100% on the question but the RTM co will manage the management areas on behalf of the landlord. The freeholder is different to the landlord
                                OK that first point makes sense - in which case the RTM will be liable.

                                What do you mean that the freeholder is different from the landlord? In law they're identical. They're the entity which owns the freehold and which the RTMCo is taking over management responsibilities from. What's the difference?

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