We are regularly instructed by both landlords and tenants in relation to exercising or opposing a right to manage claim under the Commonhold and Leasehold Reform Act 2002.
It is not uncommon for tenants to wish to group together to acquire the right to manage their building, where for instance, they may have concerns over the management and services provided by the landlord or their agents and providing that the requirements of the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”) are satisfied and the correct procedure followed an RTM Company, set up by and consisting of the leaseholders, can take over the “management functions” of their building i.e. services, repairs, maintenance, improvements, insurance, and management.
The procedure under the 2002 Act requires no “fault” on the part of the landlord and can be cheaper than acquiring the freehold under other statutory routes as no “premium” is payable to the landlord in order for the RTM Company to take over management.
Equally, a Landlord who receives a claim notice, may not wish to lose control of the management of their building and may wish to oppose such a claim by the leaseholders, particularly if it has concerns as to how it will be managed and whether its investment will be sufficiently protected by a group of leaseholders managing the same.
The 2002 Act is technical and prescriptive, which does mean that a claim can be challenged if the building or the tenants do not qualify, or if there is an error in the procedure followed.
We have an expert team with specialist knowledge of the 2002 Act, who can assist if you are a landlord who has received a Claim Notice from the leaseholders or a group of leaseholders who are interested in exploring their rights.
‘David Burns is professional, approachable and has a commercial understanding of the ground realities.’ - Legal 500
‘The team’s biggest strength is the ability to tackle any situation, no matter how diverse or complex’ - Legal 500
‘A dynamic, energetic, committed and able team – always prepared to go the extra mile for clients’ - Legal 500
‘Benjamin Frost has an astute attention to detail, and works hard to provide us with the best possible outcome.’ - Legal 500
‘Victoria Huxley is one of the hardest working solicitors I have come across.’ - Legal 500
- Acting for tenant groups in relation to the preparation and service of notices including the Notice Inviting Participation, Claim Notice, Section 93 Requests
- Acting for landlords in relation to claims by the tenants for the right to manage, advising as to the validity of the Claim Notice, preparation and service of counter notices, section 93 responses, contract and contractor notices
- Advising and acting in the First Tier and Upper Tribunal on behalf of landlords or tenants