The building must meet certain conditions and a minimum number of leaseholders are required to take part.
It will not be possible to exercise RTM if the landlord is a housing authority (such as most local authorities) nor where the resident landlord exemption applies.
If the building qualifies, at the time the Claim Notice is served membership of the RTM company should comprise the qualifying tenants of at least half of the flats in the building.
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A qualifying tenant is a leaseholder whose lease was originally granted for an original term of more than 21 years. There is no requirement for any past or present residence in the flats, nor any limit on the number of flats which can be owned by one person.
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No. Your RTM company has taken over the management functions of the landlord (and any management company that might have been in place). The management functions include the insurance of the building. However the Commonhold and Leasehold Reform Act 2002 specifically provides that the landlord is entitled to arrange additional insurance at their own expense.
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It is only the RTM company that can insist on the landlord providing the names of the other leaseholders for this purpose. This is problematic because you will be unable to exercise the right to manage if you do not have sufficient numbers of qualifying leaseholders interested in taking part. We suggest that you try to get this information from the occupiers of the flats or from the Land Registry.
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A copy of the Claim Notice must be served on every qualifying tenant.
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The RTM company does not have to carry out the actual management itself. You can appoint a managing agent to manage the building on your behalf.
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The right to manage applies to flats only and not houses.
If your estate comprises houses and flats, as the law currently stands, the right to manage applies to each individual building with flats.
There have been proposals to change the law so that the right to manage applies to houses as well as flats. These proposals have not become law yet.
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Leaseholders who want to set up a right to manage, are legally entitled to ask the landlord to provide information they need to set up and exercise the right to manage.
If the landlord declines to provide the information it is required to give in response to a request, you can serve a Default Notice which gives the landlord a further 14 days to comply.
Failing that you can then bring an application for compliance in your local County Court.
Although this does not appear to be a very practical remedy, the Court might make a Costs Order against the landlord as well as granting the Order requested.
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