RIGHT TO MANAGE
BLOCKtakeover *
If you and your fellow flat owners are considering taking
on the responsibility formanaging your block, first you will need to understand theRight toManage process
Right toManage or RTMisa rightgranted to flatownersunder theCommonhold andLeasehold ReformAct2002. As long as your
blockand your fellowresidentsmeetthe criteria (see The rights and wrongs ofRTMp57 for more on this) you are free to take up the right tomanage at any time. As RTMis a formal process that requires specific actions to be takenatthe righttime, flatownersare strongly advised to use the services of a professional adviserspecialising in theleaseholdsectorto help
themnegotiateRTMsuccessfully.Both theLeaseholdAdvisoryService (LEASE)and theAssociation of LeaseholdEnfranchisement Practitioners(ALEP)havelists of suitably qualifiedspecialistsontheirwebsites (see p56). Thefirst step forflat owners is to set up
a Right toManage Company (see Gettingthe most out of RTM, p58 of this issue). Once the
RTMcompany has been registered, itmust then formally invite therest of thequalifying leaseholders to join using a Notice Inviting Participation. Thismust be in writingand in the prescribed form (StatutoryInstrument (2010 No 825))which canbeobtained fromthe Stationery Office or downloadedfrom the
websiteatwww.legislation.gov.uk. Theform must statethatthe RTMcompany intends to acquirethe righttomanage, statethe namesofthemembersofthe RTMcompany
Thefirst step forflat owners is to setup a Right toManage company
andinvitethe recipienttobecomeamember of theRTMcompany. Itmust also include a rangeofother informationrequiredbylaw. Thenoticemay be served by post,orbysimply delivering it to allthe flats.Ifaleaseholderis living permanentlyabroad, thesecretary of theRTMcompanyshouldmakereasonable attempts to send thenoticebut is notobliged to serveitoutside EnglandandWales. Allof thosequalifyingleaseholderswhorespond to thenoticeandwhoask formembershipmust be enrolled asmembersofthe RTMcompany andthemembership notedinthe company records. Theway inwhichthe Notice Inviting Participationisservedisimportant,which is why it is vital to take specialist advice. TheRTMprocessisthenstarted by serving
thelandlord with adocumentknownas a ‘NoticeofClaim’. In order to do this,you don’t have to prove that your landlord is at fault or that your blockisbeing badlymanaged andthere is no requirementfor approval by
Under RTMtheRMC is ultimately responsible for
maintenancewhether or nota managing agent isemployed
Flat Living Summer 2012
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