Page 6 - right_to_manage

A step by step guide to right to manage 5

Example: heating
If the boiler house is shared with an adjoining block, your block will
not be self-contained and capable of RTM - See the Oakwood Court
case.

Assuming the landlord does not resist your claim (by serving a Counter Notice) the acquisition
date for the RTM is four months after the date of your Claim Notice. It may be worth considering,
therefore, the timing of your initial Claim Notice to avoid busy periods, bank holidays and so on.

If the landlord does not resist your claim, then congratulations you can take control of your
property and the way its services are managed.

Step 6 - Property Management after RTM

Congratulations you've achieved your RTM! Now you can take control of your property and the
way its services are managed.
The effective date of commencement is the date stated on your Claim Notice. From this date
the RTM Company takes over the landlord's responsibilities for the maintenance, repair,
collecting service charges, accounting, insurance and overall management of the block.
After the handover the landlord's position is similar to that of a leaseholder and if the landlord
also a member of the RTM company they will have democratic voting rights too. Like any other
leaseholder in the block he/she may sue the RTM company for bad performance or apply to the
FTT.

Before you gain control however, there are still a few things you need to do:

• Collect as much information as possible from the landlord and any third parties (such as a
managing agent) about the building. You will need:
o A list of leaseholders names;
o A list of service charge percentages (should this be apportionments?) and due dates;
o Current arrears balances for each flat;
o A copy of each lease;
o A copy of the current insurance policy; and
o A copy of service charge cashbook ledgers since the last set of service charge
accounts.
• Exercise your right of access to the building. You should be able to access all common parts
in the block.
• Consider who is to undertake the management of the block. Managing a residential block is
a considerable responsibility and one that should not be undertaken without a realistic
assessment of what is involved.

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