Simple RTM Question

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Simple RTM Question

    There was a failed RTM application for the block where I have a leasehold Flat.

    How long is the period between withdrawl of the RTM Application and a new Application being made?

    #2
    Premises in relation to which rights previously exercisedE+W.

    5(1)This Chapter does not apply to premises falling within section 72(1) at any time if— .
    (a)the right to manage the premises is at that time exercisable by a RTM company, or .
    (b)that right has been so exercisable but has ceased to be so exercisable less than four years before that time. .
    (2)Sub-paragraph (1)(b) does not apply where the right to manage the premises ceased to be exercisable by virtue of section 73(5) ( where the RTM bought the freehold). .
    (3)A leasehold valuation tribunal may, on an application made by a RTM company, determine that sub-paragraph (1)(b) is not to apply in any case if it considers that it would be unreasonable for it to apply in the circumstances of the case. .
    It therefore depends on what failure and withdrawal means in your post.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #3
      The failure happened before I bought my flat but from what I have been told is that a commercial company put forward an RTM but failed as the Developer had control of a number of flats and there were not enough qualifying tenants to proceed.

      The RTM went through the initial stages and an application submitted, however the application was withdrawn when the lack of qualifying tenants was discovered.

      Comment


        #4
        Is the developer stilll in control or are they simply now the landlord?

        Was notice of claim issued , as it should not have if the numbers didnt add up, or if their were discussions and the claim scrapped before the NOC was served then there should be no time limits.

        In addition it might be argued that if the flats were unsold then they were not qualifying premises.

        Its hard to say on a simple post of limited information, but why not simply try again and let them argue it?
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          Developer has given head Lease to third party company.

          The numbers didn't add up but the commercial RTM supplier still put the application forward.

          The Freeholder had not sold all flats but was commercially renting out a number of unsold flats.

          All flats are sold now.

          I will dig out the paperwork to give more info but in the mean time I had heard that there was a four year delay before applying again, would this be the max period between applications?

          Comment


            #6
            Wasn't a company that sounded like Artillery was it? The 4 year no return policy depends on at what stage and why the application ended. Thats why I need a bit more if you are all intendeing to start this again.

            Was the application made against the head lessee or the developer freeholder? if it was made to the latter when it should have been the head lessee then the time limt does not apply.

            If you are all resolute in doing this then why not make the application anyway, it won't cost a lot of money betwen you to draw up the notice of claim and let them argue it. They will respond and then you know what they are fighting over, if they even do so.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment


              #7
              The RTM was against the Head Lease and can be found here
              http://www.residential-property.judi...1_16_15_46.pdf

              Comment


                #8
                The hearing should not have been held as the claim was withdrawn and as the LVT did not have to, and therefore did not rule on costs as theese are due in any event.

                I'd be looking at some cash from the compnay as its a rookie mistake NOT to look at HMLR first and see if leases are granted and if so to whom.

                In this case as in section 1b th eFTT(LVT) can determine the application in less than 4 years if there is a compelling argument.

                If the HL are failing in their obligations the threat of an independent manager under the 87 Act might make them accept RTM instead. I'd take a punt and look to the company that helped you to meet your costs either way win or lose.
                Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                Comment


                  #9
                  Where the right to manage is terminated, for any reason, no further application for the right may be made for another four years, other than with the consent of a Leasehold Valuation Tribunal.

                  So if your group has a majority support from leaseholders in the block , make an application to the LVT.

                  Comment

                  Latest Activity

                  Collapse

                  • Variation of lease
                    by scampicat
                    I own a flat with a lease of 125 years starting from 2012. The ground rent is at present £150 pa, but increases as follows every ten years: £225... .£337.50.... 506.25.... 759.38.... 1139.06.... 1708.59.... 2562.89 ....3844.34. There are no more increases after eighty years. I am considering a variation...
                    25-02-2020, 08:57 AM
                  • Reply to Variation of lease
                    by sgclacy
                    A ground rent of £150 per annum increasing by 50% every 10 years until it reaches £3,844.33 with 2 years to go before it makes its first doubling would cost around £7,600 plus 0.33% of the value of the flat to have a statutory lease extension

                    One of the difficulties in proposing any...
                    13-08-2020, 01:08 AM
                  • FH forfeits and sells before 6 months window for relief?
                    by Loque
                    999yr Long lease commercial, lessee in breach, S146 served, S146 expires without being complied with, FH re-enters and changes locks.

                    Now... LH can go to court to claim relief from forfeiture for the remediable breach, usually within 6 months or so. BUT lets say once FH has re-entered he...
                    12-08-2020, 13:26 PM
                  • Reply to FH forfeits and sells before 6 months window for relief?
                    by sgclacy
                    Once the Land Registry have closed the title and a new lease granted there is no redress for the lessee seeking relief from forfeiture

                    The land registry will write to any party shown in the charges register and the tenant before closing the title - therefore illustrating the need to make...
                    13-08-2020, 00:03 AM
                  • RTM - Admin Fees Charged by Freeholder
                    by chris1544
                    We have RTM in place for our two flat building. Recently the other leaseholder put in a request to the RTM company to install an air vent. I duly wrote to the freeholder, notifying them of our intention to grant approval for the works, giving them the statutory 30 days notice.

                    They have...
                    12-08-2020, 11:04 AM
                  • Reply to RTM - Admin Fees Charged by Freeholder
                    by Gordon999
                    Its in section 98 of Commonhold &Leasehold Reform Act 2002.

                    Where a person who is—

                    (a)landlord under a long lease of the whole or any part of the premises, or

                    (b)party to such a lease otherwise than as landlord or tenant,

                    has functions in relation...
                    12-08-2020, 22:27 PM
                  • Reply to RTM - Admin Fees Charged by Freeholder
                    by Lorimer
                    There isn't much case law on this but even when an RTM is in place and it is the RTM that is responsible for dealing with consents, I believe the freeholder CAN charge a reasonable admin fee simply for the freeholder's time in reviewing the consent application. This is because the RTM company cannot...
                    12-08-2020, 20:33 PM
                  • Reply to Late ground rent payment charge & legal fees no warnings
                    by Stew
                    sounds like a major win
                    12-08-2020, 20:22 PM
                  • Late ground rent payment charge & legal fees no warnings
                    by KingstonBee
                    Wonder if you can help... This week I have received a Court Claim form pack with what seems to include a ‘particulars of claim’ and ‘lease’ for ‘outstanding arrears of Ground rent and insurance’.

                    Now this is a huge shock as I’ve not received any letters at all, no emails or phone...
                    10-06-2020, 20:13 PM
                  • Reply to Can I let this freehold indefinately ?
                    by ChrisDennison
                    Well but who’s to judge that intention? If I as the freeholder only want women, kids and one armed pirates in my block of flats and therefore put a restriction of use to that extent in the lease isn’t that my pretty unambiguous intention?



                    Well put. I have a property with...
                    12-08-2020, 19:14 PM
                  Working...
                  X