Right to Manage (RTM) flowchart

 

We want to take control of the management of our block    
     
Do we and our leases qualify?
Qualifying flat owners of at least half of the flats in the buidling must take part.
Click here for flat owner's qualification criteria

no
RTM unavailable


yes
Does my building qualify?
Click here for building qualification criteria


yes
   
Do all of the qualifying tenants in the building want to join in at this stage?
no
Invite those qualifying tenants who have not committed or responded to participate in the RTM claim
(Using prescribed form of notice).


yes
   
Do you need management information from the landlord to prepare for exercising the RTM?
yes
Serve information notice (you can apply to County Court if you do not receive a reply from the landlord within the 28 day time limit)


no
Set up RTM company (statutory format)
     
Is there anything else to consider before serving the claim notice. Yes:
  • Exercising right of access (available where reasonably required in connection with any matter arising out of the claim notice)
  • Are you ready to take over the management of the building from the Acquisition Date (ie. have you chosen managing agents and any contractors that you require to replace those previously engaged by the landlord, such as for lift maintenance and buildings insurance)?
  • Have you set up a kitty to fund these expenses, prior to receipt of payments from the non-participants and any uncommitted service charge fund to avoid the RTM company being unable to carry out its functions?
  • Collating information from all the flat owners including the participants as to their service charge contributions sums they have paid to the landlord so you can work out the uncommitted service charge figure ready to press for this and challenge any discrepancies in the landlord's figures when received (Application to LVT in that case).
  • Have you calculated the voting rights that will apply to each of the members of the RTM company?
  • Service charge contributions due from the landlord in respect of any un-let units
     
Serve claim notice
(You must specify a period of at least 1 month for the landlord to serve its counter-notice and at least 3 months from then for the Acquisition date. Invitation notices must have been served on the last of the non-participating tenants at least 14 days ago).
   
     
Counter-notice served by the landlord disputing RTM
yes
RTM company can apply to LVT to determine the issue.
Deemed withdrawal of notice if you don't apply within 2 months


no - circa 3 months
   
Congratulations! You now have control of the management of your building. This is known as the Acquisition Date on which:
  • All existing contracts terminate
  • Landlord has to pay over any uncommitted service charge fund
  • The landlord must seerve notice of the RTM on its contractors and give you notice of those contracts
  • Serve information notice (s93) where landlord (or management company in lease) has information which the RTM company reasonably requires in connection with the RTM
   

 

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