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Right To Manage

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Overview

Right to Manage gives flat owners the legal right to control the management of their building.  This process provides a relatively inexpensive and speedy solution for resolving the existing management issues/disputes that frequently arise.  It is important to note that the right to manage is a no-fault procedure and often a pragmatic way forward for

In this section you will find lots of guidance, commentary and explanation about the Right to Manage.  This is enhanced by a collection of useful downloads providing you with the template documents you need to start on the right to manage process.  If you still have questions or require further clarification, don’t forget to contact us, comment on an article or leave a comment in our forum.


Karen Albany says imposing conditions or refusing consent in response to a Licence to Assign is not straightforward for a Landlord.There have been many cases on refusal to consent (whether to assignment or underlet) all turning on what is "reasonable". The Landlord must show reasonableness in refusing consent to an assignment (Landlord and Tenant Act 1988). But what is reasonable is decided by the courts. Two recent cases have established new and helpful principles.
Once the Right to Manage has been acquired by a block of flats the hard work really begins. As the Right to Manage process has usually been instigated as a result of unsatisfactory management of the building, it is not uncommon to find the flat owners apathetic towards Managing Agents in general due to previous bad experiences.
Jennifer Ellis explains why a claim to exercise the Right to Manage (RTM) can only be made when the block and the lessees satisfy a number of different tests.
Technically there is no need for leaseholders to prove mismanagement by a landlord. The right to manage is available, whether the landlord’s management has been good, bad or indifferent. But let us face facts, the only real reason for leaseholders replacing their management company is because they are not happy with the current situation. Often, there is history of mis-management or service charge complaints – and so the Right To Manage process can be somewhat adversarial.
As a leaseholder there may be various reasons to take control of the management of the building, e.g. dissatisfaction with consistently high service charges, or a poor standard of repair. There are ways of addressing these problems without taking control of the management but sometimes it makes sense for the landlord or its managing agents to be replaced with a more efficient regime. There are three main ways of going about this. The best option for you will depend on your circumstances, and those of the other leaseholders in the building.
The Right to Manage is a useful legal mechanism for flat owners to take control of their building where it has previously been mismanaged. The special In Depth feature in Issue 47 will explore the Right to Manage procedure, the role of the surveyor, and, importantly, life after the Right to Manage has been acquired.
Simon Painter compares RTM with some other options for flat owners. As a Leaseholder there may be various reasons to take control of the management of the building, e.g. dissatisfaction with consistently high service charges, or a poor standard of repair. There are ways of addressing these problems without taking control of the management but sometimes it makes sense for the landlord or its managing agents to be replaced with a more efficient regime.
On 19th November 2009, BBC Breakfast News reported about the recent CARLEX campaign concerning complaints retirement flat owners have about the way their buildings are owned and managed. The show was followed by a report on BBC Working Lunch, following which Nicolas Shulman, founder of News on the Block, the leading independent publication providing help and advice to leaseholders, was invited to the studio to provide further guidance to worried flat owners. He explained that leaseholders have various options depending on whether they are acting alone or collectively with their fellow flat owners.
Manuel Aparicio considers the importance of specialist project management for major projects.
In this exclusive interview, News on the Block meets the founders of a new and exciting property management company called 'Preside'.
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If you're going to fall victim to the recent credit crunch, you might as well do it in style. Fallout from the financial downturn was felt across London's Canary Wharf district, but nowhere was it more obvious than at Ballymore's flagship residential development, Pan Peninsula.
For many people, the summertime means enjoying relaxing picnics in the sun. There is one particular insect associated with this season however, which evokes fear, distress and annoyance in many picnic goers: the common wasp. Despite being a pest species, many people don't realise how interesting and complex these social insects are. So should we treat wasps with fear or admiration?
The recent hike in capital gains tax to 28% by the new coalition Government has been met with caution by the property industry, as it will affect many who have invested in flats.
More financial advisers think their clients should consider commercial property as an investment compared with residential property, according to the latest survey of Independent Financial advisers (IFas) by rEITa.
The latest Government house building data shows that the number of starts rose in the first three months of this year to the best level since the second quarter of 2008. Despite this, starts are currently only running at around 50% of the level achieved at the high water mark of the previous cycle.
The Federation of Private Residents Associations has called for a change to the Landlord and Tenant Act that would allow for ‘reasonable' insulation to be carried out to blocks of flats as part of the service charge.
Mainstay group , the national property management and facilities company, has purchased Market Focus Asset Management (MFAM) based in London. MFAM specialise in the management of mixed use, residential and commercial property.
Over 50 property managers celebrated together in London as England beat Slovenia in the FIFa world Cup 2010. The event was jointly hosted by News on the Block and Sky Homes.
RMG property management has successfully generated over £400k worth of business from the north of England.  Justin Herbert, RMG's Operations Director for the North, said: "Customers recognise the benefi t of regular site visits, full transparency and accessibility to Property Managers, quarterly meetings and site audits, as well as the value for money and customer service provided by RMG."
Stonedale, the specialist London based property management company has appointed Andrew Lyle as its new Head of Operations. Andrew boasts a career that spans over 20 years in property management, having worked for a number of high profi le managing agents in London. In the 18 months since joining the Stonedale team as a Senior Property Manager, he has managed developments in Docklands, Limehouse and Clerkenwell.

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Relevant Articles

  Can you say no to your tenant? Yes, if you're reasonable
  What happens after you have acquired the Right to Manage?
  Qualifying for the Right to Manage
  How to avoid your Right to Manage claim being rejected
  Is Right to Manage the route for you?
  Have you considered your Right to Manage?
  Is Right to Manage the route for you?
  BBC Working Lunch - News On The Block Appears Live On Television To Provide Help To Thousands Of Leaseholders
  Should your block call in a project manager?
  Are things looking up for property management?
  Is your landlord missing?
  Why your managing agent may benefit from the recession
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  What to look for in a good managing agent
  The Property Management Headache
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  Why residential management companies need an experienced or professional company secretary
  Management - Professional OR DIY BLOCK Management ...or both?
  MERGER MANIA HITS MANAGING AGENTS
  Why residential management companies (RMC's) need an experienced or professional company secretary
 
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