RIGHT TO MANAGE (RTM) ADVICE

Born out of the Commonhold and Leasehold Reform Act 2002, the Right to Manage allows qualifying leaseholders the right to collectively assume all management functions of the Freeholder under a specially formed Right to Manage (RTM) Company.

The process is relatively simple and does not require the freeholders consent – in fact, the leaseholders are not even required to prove mismanagement. The right is exercised by service of a formal notice, which after a set period of times elapse, the management transfers to the RTM Company.

However, there are some qualifying criteria which must be satisfied. The building must meet certain conditions and a minimum number of leaseholders is required to take part:

  • At least two-thirds of the flats must be let to ‘qualifying tenants*’
  • It can be part-commercial but the non-residential part must not exceed 25% of the total floor area

* A ‘qualifying tenant’ is a leaseholder whose lease was originally granted for an original term of more than 21 years.

The right to manage may only be exercised by an RTM company and the members of the RTM company must comprise a sufficient number of qualifying tenants. The required minimum number of qualifying tenants must be equal to at least half the total number of flats in the building.

If you do not believe you are getting the best possible service from your freeholder or freeholders appointed agent, then why not call us to discuss whether Right to Manage is for you and your fellow leaseholders and find out how we can help.

COVID-19

Following government guidance and in an attempt to keep our colleagues safe we have moved our staff to homeworking where possible. To ensure safety to our team and the wider community we have taken the decision  that our offices should no longer be open to the public and we would request that you do not visit our offices but communicate with us via telephone or email.

It is our intention to keep any disruption to our services to a minimum, however, as colleagues comply with the government directive to self-isolate the inevitability of significant staff and contractor illness and therefore absenteeism means that some disruption is anticipated. It is our considered opinion that delays should be expected and we would therefore ask our clients and leaseholders to be as understanding as possible during these tough times for all.

We will endeavour to ensure as little disruption possible however, during this period, we will be focusing on the essential aspects of the safety, security and running of essential services at your building whilst maintaining a degree of response to lessee queries. We therefore need your assistance in ensuring that communications with our office are limited to matters that require urgent attention during this very stressful and anxious time for the nation.

We do anticipate potential delays and disruption with the postal service, therefore if you have not already opted to receive all correspondence from us by email, we would strongly recommend that you contact us at admin@burnshamilton.co.uk providing your permission to ensure you are safely receiving all critical correspondence.

To ensure your calls continue to come through to us we have made some changes to our phone system. In order to get through to your key contact please note the extension numbers below for our property teams. Simply enter the extension number on your phone when prompted.

For Andrew Hargadon & Imani Robinson use Ext. 554

For Brian Colins & Ana-Maria Iacob use Ext. 550

For Dave Wheeler use Ext. 502

For Holly Tizzard & Virginia Contreras use Ext. 558

For Lizzy Ellis, Tim Richards, Rafaela Ribeiro & Nathalie Barfoot use Ext. 559

For Peter Williams & Leila Sam-Daliri use Ext. 555

For Philip Awesome & Margaret Vernam use Ext. 556

For Richard Payne & Emma Preston use Ext. 553

For Tim Townsend & Donna Vernam use Ext. 552

For the latest government advice, please visit https://www.gov.uk/guidance/coronavirus-covid-19-information-for-the-public

We would thank you in advance for your understanding and cooperation during this unprecedented period.