Right to Manage Part – 3


Posted March 4, 2019 by merrittestate

estate management services, Leasehold service charges, leasehold management services, commercial property, Party wall

 
1. Canvas leaseholders to ensure minimum 50% participation
2. Collect funds to start application (see costs below)
3. Obtain and inspect all Land Registry Titles for all flats
4. Identify and collect information for RTM company directors
5. Form RTM Company
6. Have all participants sign an RTM company application
7. Formally invite the non-participants for the building (wait 2-3 weeks)
8. Prepare and send the RTM Claim form to freeholder
9. Answer questions and challenges from Freeholder’s solicitor
10. After 1 month, hopefully receive landlord’s agreement with RTM, or no response, which is a default agreement
11. Wait 3 months as defined in the legislation
12. RTM company takes over management responsibility and can select a new managing agent
If at step 10 the freeholder issues a Counter Notice refusing the RTM, there are additional options:
1. Withdraw the RTM Claim (freeholder legal costs still payable
2. Take a case for RTM to the Leasehold Valuation Tribunal (LVT)
There are two paths to take if taken to the LVT (LVT decides which is appropriate)
1. Paper decision – Send in an application, prepare the case arguments and statements (this is the most commonly requested)
2. In-person hearing – Send in an application, prepare the case arguments and statements and attend the oral hearing and present the case
1. Do it yourself
Option 1 is to do it yourself. This would entail filling out all the paperwork, setting up the company, issuing the notice on the Freeholder, and dealing with any responses, objections or
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Issued By merrittestate
Country United States
Categories Business
Last Updated March 4, 2019