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.
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.
The recent case of Hosebay Limited v Hugo Benjamin Day and Lady Hilary Maureen Greenslade Day (2009) is the latest judicial offering on the thorny issue of what constitutes house under the Leasehold Reform Act 1967 (the Act).
Communal heating systems are very common within older blocks and it is inevitable that at some point the Residents Association will consider abandoning the system in favour of installing independent boilers and heating systems to each flat.Whilst the idea of each resident having their own heating system is desirable for all sorts of reasons, making it happen is not as straight forward as you would imagine, so in order to save you time and money on consultants and surveys let us first look at the practical issues.
Over the past 10 years it has become a cliché for residential developers to hire famous architects. And in Liverpool Grosvenor didn't spare a penny by hiring international architect Cesar Pelli (famous for the Petronas Towers in Kuala Lumpur) to design their landmark city centre block, One Park West.
Leading national property management company Peverel OM has relaunched as OM Property Management. Andrew Billson, Managing Director of Operations at OM Property Management, comments:
As membership of pressure group CARLEX swells, News on the Block interviews co-founder Melissa Briggs, about the Campaign for the Abolishment of Retirement Leasehold Exploitation.
Dr. David channon explains why winter is the busiest period for rodent control. As we all shiver and long for the warmth of our comfy houses whilst commuting to work in the freezing weather, rodents share our sentiments and are also looking for cosy hideouts during the cold snaps.
Peverel Property Management has been awarded the prestigious Investors in People accreditation in recognition of its performance in training and developing its 1,200 staff.
Federation of Private Residents Associations (FPRA) Chairman, Bob Smytherman has written to the Secretary of State with responsibility for the private leasehold sector calling for an independent regulator for the industry, similar to the one that regulates Council Housing and Housing Associations.
The Prime Minister, Gordon Brown, has been petitioned “to create a body which will oversee and regulate the leasehold management industry, enforce a proper code of conduct offering protection to owners of leasehold properties from unreasonable service charges and poor quality of service”.
Ruth Emanuel, Managing Director of Stonedale Property Management has been awarded Fellowship of the Institute of Residential Property Managers (IRPM) for her contribution to the property management industry over the past 23 years.