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A step by step guide to right to manage 3
Now that you have formed an RTM Company the next step is to serve the Notice Inviting
Participation. This is mandatory unless all lessees have either opted in or out in writing and/or
you trust them not to claim later that you excluded them!
The RTM Company must serve a Participation Notice to every qualifying leaseholder, except
anyone who has helped set up the company (only two leaseholders are initially required) as well
as the freeholder. To do this you will need to know to whom each flat is registered (see STEP 1).
Remember, a flat could be owned by one person in the flat, everyone in the flat, a trust, or a
company. An HM Land Registry search will tell you who owns each flat (Note: It is also possible
to approach the landlord, his/her appointed management company or the landlord's solicitor, for
this information by serving a formal Information Notice, however this may alert the landlord to
your intention of taking control of the management of the block).
You can post the Participation Notice or deliver it in person. Remember, every qualifying tenant
who is not already a member of the RTM Company, must receive it and is entitled to join the
company.
Want us to fill in and serve Participation Notices on your behalf?
Call our Solicitor on 08708999 595 for full fees, all steps:
For full fees all steps: serve Participation Notices on your behalf
Step 4 - Section 79 Claim
Having waited 14 days since serving your Participation Notice - and providing membership of
the RTM Company has reached more than 50% of the qualifying leaseholders - you will be ready
to serve a Section 79 Claim Notice (Section 79 of the Commonhold and Leasehold Reform Act
2002). This is the notice that informs your landlord of your intention to claim RTM.
The Claim Notice must be sent to:
• The landlord; and
• Any third parties (such as an appointed
managing agent).
You can post this notice or serve it in person.
www.leaseholdguidance.co.uk Solicitors | Surveyors | Accountants | Property Managers
Tel: 0207 428 1977 Presented by the Ringley Group