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If you’re a landlord, it’s essential that you understand your duties under the right-to-manage (RTM) process. Once a Notice of Claim is issued, you should instruct a block management agent to act on your behalf. They will check that the Right to Manage process is carried out according to the correct procedure. They should also carry out due diligence and advise you as to how to respond to the claim.
For large properties with complex titles, it is advisable to also instruct a solicitor. You can recover their reasonable costs from the RTM company.
Any counter-notice must be served no later than the date specifed by the RTM Company in the Notice of Claim. The counter-notice must be in the perscribed form, and you can either agree to the Right to Manage or allege statutory reasons why the RTM company is not entitled to proceed.
A Section 82 Right to Information Notice can be served at any time, and you have 28 days to respond with the information requested. This RTM company can only request information that it reasonably requies to ascertain particulars to be included in a notice to claim the right to manage.
A right of access is only available after service of a Notice of Claim. It entitles the RTM company, or any person authorised to act for them, to access any part of the building if that is reasonable in connection with their claim. If a Section 83 Right of Access Notice is served, the RTM company must give you at least 10 days’ notice of such access.
The RTM company will issue a Section 93 Duty to Provide Information Notice requiring detailed information with regards managing the block. This information should be supplied within 28 days of receiving the notice. You cannot be compelled to handover the information before the acquisition date.
You are entitled to membership of the RTM company after it has taken over the management, with one vote per unit that you hold. If you hold no units, you are entitled to one vote as landlord. If there is more than one landlord, the voting rights become more complex.
You should handover all unspent service charges, sinking funds and any interest accrued on the date of acquisition.
The RTM company will need to confirm that it has put an entry in the proprietorship register of the affected title at the Land Registry.
“Our block was suffering from mismanagement and the common areas were in a terrible state. Pembroke Property Management helped me secure the support of fellow leaseholders and successfully carried out our Right to Manage. The Landlord instructed a solicitor to investigate our RTM Claim and Pembroke Property Management dealt with all their enquiries thoroughly. We are delighted to bring about a change of managing agents.” Paul Lonergan, RTM Company Director