Right to Manage
We provide seasoned advice on Right to Manage for freeholders, leaseholders and property management companies
In situations where leaseholders wish to exercise their Right to Manage their block of flats, both sides have clear legal obligations they must meet. Getting the right legal advice can help to avoid costly delays and reduce the potential for any legal difficulties.
Longmores’ leasehold property experts have substantial experience in guiding leaseholders, freeholders and property management companies through every stage of Right to Manage proceedings.
We can provide step-by-step guidance on everything you need to do and all of the issues you need to consider. Our intervention can help ensure the process runs as smoothly as possible, keeping the costs involved to a minimum, reducing the potential for conflict and making sure your interests stay protected.
Market leading expertise in Right to Manage leasehold property
We regularly advise leaseholders, freeholders and property management companies on all aspects of Right to Manage.
We can assist with all matters related to Right to Manage, including:
- Advice on eligibility for Right to Manage
- Setting up a new Right to Manage company
- Notice Inviting Participation in Right to Manage
- Navigating the Right to Manage process
Based in Hertford, we work with clients all over the country, including London and the South East. Typical clients include leaseholders and freeholders, management companies and managing agents.
Independently recognised property law expertise
We are ranked by leading client guide the Legal 500 for our Commercial Property and Commercial Litigation expertise.
Head of Property Litigation John Wagstaffe has been recommended by the Legal 500 for his litigation expertise and is a member of the Property Litigation Association and the Association of Leasehold Enfranchisement Practitioners.
Speak to our Right to Manage solicitors
To discuss your requirements with our experienced, proactive Right to Manage experts, please get in touch.
Our Right to Manage services
Advice on eligibility for Right to Manage
The building and at least two-thirds of its tenants must meet the qualifying criteria for the Right to Manage to apply.
These conditions include that no more than 25% of the building’s internal floor area can be for non-residential purposes (excluding common areas) and that tenants must originally have been granted a lease term of more than 25 years. There are various other conditions and potential exceptions, so expert legal advice is essential.
Longmores’ leasehold property experts can advise tenants and landlords on whether the Right to Manage applies and the next steps they need to take.
Setting up a new Right to Manage Company
Leaseholders must set up a company to exercise their Right to Manage. This company will need to have Articles of Association and nominated directors in order to be valid for the purposes of the Right to Manage.
For leaseholders, setting up your Right to Manage company on the proper basis is not only a legal necessity, it also ensures you have a solid foundation for the future management of your building and a positive relationship between the various leaseholders involved.
Longmores’ property law experts can assist leaseholders with setting up a company to exercise their Right to Manage, ensuring all of the necessary legal requirements are met. We can ensure the leaseholders fully understand the endeavour they are embarking on, that suitable directors are chosen and that their duties are clearly defined.
Notice Inviting Participation in Right to Manage
All qualifying leaseholders in a building have the right to be members of the new Right to Manage company, as does the landlord. The leaseholders who have decided to start the Right to Manage process are legally required to service proper Notice Inviting Participation to all eligible parties.
Longmores’ Right to Manage solicitors can assist with preparing and serving Notice Inviting Participation in Right to Manage, as well as advising on responding to such a Notice that you have received.
Navigating the Right to Manage process
Once Notice has been served, there are various steps tenants and landlords must go through to meet the legal requirements for Right to Manage. Seeking expert legal advice can help this process to go smoothly, while keeping the time and expense involved to a minimum.
Longmores Right to Manage solicitors can assist with matters including:
- Obtaining information
- Serving Notice of Claim on landlord and all qualifying tenants
- Dealing with absent landlords
- The right of access for inspection
- Landlords’ Counter-Notice
- Acquisition of control of the building
- Property management contracts
- Transfer of unspent service charges from the landlord to the new management company
Our Right to Manage advice fees
The cost involved in dealing with a Right to Manage application is something that needs to be carefully considered.
To help keep your costs as low as possible without compromising on the quality of service you receive, we work hard to minimise our costs and pass those savings onto our clients. We do this by keeping our overheads low and focusing on efficiency, so we can offer an exceptional property law service at a lower cost than many of our competitors.
Where appropriate, we are able to handle some aspects of Right to Manage proceedings on a fixed fee or capped fee basis, making it easier for you to budget with confidence.
For more complex Right to Manage proceedings, where ongoing support is required, we will work to an agreed hourly rate dependent on the level of expertise needed. We will provide a clear cost estimate at the outset and any additional expenditure will be agreed in advance, so you always stay in control.
To find out more about our Right to Manage fees and to request a cost estimate, please get in touch.
Speak to our Right to Manage solicitors
To discuss your requirements with our experienced, proactive Right to Manage experts, please get in touch.
