Setting up the right to manage
Notice of claim
What the notice of claim is for
You need to tell the landlord that the leaseholders plan to take over the management of the building. You do this by sending a notice of claim.
It’s a legal notice, so there are strict rules about when and how to send it and how to word it.
The notice of claim sets the date for the right to manage company to take over the management. You can choose the date, but it must be at least 3 months after the deadline for giving a counter-notice, so at least 4 months after you serve the notice of claim. You might want to allow longer than this, to give enough time to prepare for taking on the management.
Arrangements for service charges and buildings insurance will be simpler if you take over at the beginning of a new service charge year or insurance year.
When to send it
The notice can only be sent when at least half of all the leaseholders in the building have joined the right to manage (RTM) company.
You can send it from 14 days after serving the notice inviting participation.
What to include
The notice of claim must be in writing and must use specific wording, set out in legislation:
What must be included in the notice - Show Contents Hide Contents
The notice must include:
- details of the premises and a statement of the grounds on which they qualify for the right to manage
- the full names and addresses of each person who is both a qualifying tenant of the building and a member of the right to manage company
- details of each leaseholder’s flat and their lease dates and term
- the name and registered office of the right to manage company
- a date by which the landlord may respond by giving a counter-notice – this must be at least 1 month after the date the notice of claim is served
- a date, at least 3 months after the date for the counter-notice, on which the right to manage company intends to acquire the right to manage
- a statement informing the landlord that they may tell the right to manage company about any inaccuracies in the notice (although inaccuracies will not necessarily make the notice invalid)
- a reminder for a landlord who has no objection to the claim to serve the contract and contractor notices
- a statement to remind the landlord of their right to become a member of the right to manage company
Who to send it to
The notice of claim must be served on:
- the landlord of the whole or any part of the premises
- any intermediate landlords
- any parties to the lease other than the leaseholders (for example, a management company named in the lease)
- any manager who has been appointed by a court or tribunal under Part 2 of the Landlord and Tenant Act 1987 – if a manager has been appointed then you must also send a copy to the relevant court or tribunal
You must also send a copy of the notice to each of the leaseholders in the building.
If the landlord is missing
If you cannot find the landlord, or any of the other parties to the lease who you need to contact to serve the notice of claim, you can still take on the right to manage.
You need to take all reasonable steps first to find the missing landlord. If you’re not successful, you can apply to a tribunal for an order that entitles the right to manage company to acquire the right to manage.
You must inform all the qualifying leaseholders in the building that you intend to seek the order from the tribunal.
You apply by submitting an application form:
- in England – application form Leasehold 8
- in Wales – application form LVT1
The tribunal may require you to do more investigation, such as advertising, or it may just make the order.
If the missing landlord is found before the order is made, the tribunal will decide how to deal with this.
- 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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