The Right To Manage Your Block of Flats ' Are You Getting The Process Right?
The whole procedure of exercising your right to manage over the block of flats or building that you live in was designed to give flat owners the opportunity to take over the overall running and maintenance of their flats. But while the process is reasonably simple to understand, you must be sure you follow it to the T in order to successfully set up your right to manage company (often referred to as an RTM company).
To start with you need to look at the Leasehold Reform Act 2002 and the criteria contained within this. You need to be able to satisfy this criterion in order to move forward with the process. Within the Act there are 6 different steps to satisfy; if you are rejected on one of these points it is probable that you will be unable to manage your block or building.
The term 'qualifying tenant' contains most of the major criteria. You must be a qualifying tenant to exercise your right to manage. The original lease must have been given by the landlord for at least 21 years in order to satisfy the test of a qualifying tenant. However there is a caveat to this, in that if 2/3rds of the tenants whom are interested in the right to manage have these longer leases they you are all still able to form a right to manage company.
Nevertheless, even if you satisfy the criteria there are more hurdles to jump. You must follow the formal legal process, step by step. There is a proper legal process to follow in order to create a right to manage company. You will have to apply to Companies House for registration and invite those other tenants to be members.
At this point you must officially notify the landlord that you are planning on exercising this right to manage and that you are creating a right to manage company. This will then lead to a possible counter notice from your landlord saying how you are unable to do this. As you can imagine, this makes the whole process a lot more complicated.
Commonly people use a specialist right to manage solicitor in order to help establish their qualifying criteria and follow the correct legal process. It is possible that your landlord actually has no legal rights and cannot reject your right to manage application, however you will not have the specialist legal knowledge to recognise this.
About the Author
Bonallack & Bishop are specialist right to manage lawyers (http://righttomanagecompanyuk.co.uk ). For more information on the right to manage leasehold property, contact them today. Senior Partner Tim Bishop is responsible for all major strategic decisions at the firm, which he has grown by 1000% in 13 years and Tim sees himself as a businessman who owns a law firm.
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