Setting up the right to manage
Notice inviting participation
What the notice inviting participation is for
The notice inviting participation tells all the leaseholders that the right to manage company plans to acquire the right to manage, and invites them to become members of the company.
All the leaseholders who own flats in the building are entitled to become members. No one can be excluded for any reason.
Once the company has the right to manage, the landlord is also entitled to become a member.
Important
It’s important to send the notice in the correct way, otherwise the landlord may be able to dispute your claim for the right to manage. You may want to use a solicitor who specialises in this area to write and serve the notice.
How to send it
You must send the notice in writing, using specific wording, to all the leaseholders who have not already agreed to become members. You can send it by post, or hand deliver it to all the flats.
You can send it to each leaseholder at their flat, unless they have given another address to use (for example if they let the flat out). If a leaseholder is permanently living abroad, you must make reasonable attempts to send the notice, but you’re not legally required to send it outside England and Wales.
Keep evidence to show that you’ve delivered or posted the notices correctly, in case the right to manage claim is challenged. For example you could send them using recorded delivery so that they are signed for.
What to include
The wording to use is set out in legislation:
What must be included in the notice - Show Contents Hide Contents
The notice must:
- state that the right to manage company intends to acquire the right to manage
- give the names of the members of the company
- invite the leaseholder to become a member of the company
- provide the company’s registered number and the address of its registered office
- give the names of its directors, and the secretary if there is one
- give the name of the landlord, and of any other person who is party to the lease other than the leaseholders
- state that the right to manage company will take over the landlord’s management functions under the lease, including the enforcement of tenants’ covenants and the granting of approvals
- make it clear that if the building contains flats under the control of the landlord, or commercial units, the company’s management powers will not cover those flats or units
- say whether the right to manage company intends to employ a managing agent, and give the name and address of the agent, if one has already been chosen
- say whether the company intends to appoint the current managing agent
- give details of the management experience of the existing members of the company if the company does not intend to appoint an agent and will manage the building itself
- be accompanied by a copy of the articles of association of the right to manage company, or say where the articles can be inspected and copies taken
Enrolling members
It’s a good idea to include a membership application form with the notice inviting participation.
The wording for the application form is in Article 26 (1) of the RTM Companies (Model Articles) (England) Regulations 2009 or the RTM Companies (Model Articles) (Wales) Regulations 2011.
Application form wording - Show Contents Hide Contents
To the Board of [name of company]
I, [name] of [address] am a qualifying tenant of [address of flat] and wish to become a member of [name of company] subject to the provisions of the Articles of Association of the company and to any rules made under those Articles. I agree to pay the company an amount of up to £1 if the company is wound up while I am a member or for up to 12 months after I have ceased to become a member.
Signed
Dated
All the qualifying leaseholders who respond to the notice and who ask for membership must be enrolled as members of the company, by noting them in the company records.
- Last updated:
- 16 December 2025
- Next review:
- 16 December 2027
Related content
About the right to manage, eligibility criteria and steps to set it up
Advice guideGuide for leaseholders taking on the director's role of a right to manage company
Advice guideYour options if you're unhappy with how your building is managed
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