The Right To Manage (RTM) scheme was introduced in 2002 and gives you, as a leaseholder, the legal right to set up a company with other leaseholders and take over the management of your building.
Having an RTM company means you become responsible for organising everything to do with the communal areas of your building, from repairs and decorations to buildings insurance and light bulbs – you will have complete control over the service charge budget.
Permission from the landlord is not required and you don’t need to prove that the landlord or the management company has handled matters badly. You and your neighbours simply have the legal right to take charge over the place you live.
What Does RTM Mean?
What are the benefits?
- Making key decisions
You and the other directors of the RTM company can decide how much your service charge should be, what repairs are carried out and when, what major works need to be done, and which suppliers to use. - Choose your own managing agent
Most RTMs will appoint a managing agent like Edgefield to ensure supplier invoices are paid, health and safety requirements are met, and any accounting and company secretary duties are handled efficiently. You and the other directors choose the managing agent you want and the level of service you require. - Reduced service charges
Almost certainly your service charges will be less. With RTM you can choose the suppliers you want to work with and avoid paying spurious administration fees. - Better representation regarding estate changes
If you live on an estate, having an RTM puts you in a better position to challenge estate charges. With an RTM you have a collective voice and someone who will represent your view and position. - Making your home more sellable
Potential buyers are often concerned about potentially large service charges. Knowing there’s an RTM in place where tenants manage their own service fees, makes your property a more attractive proposition. - Snagging list dealt with more efficiently
If you’ve recently bought a new build, any snags will be dealt with more quickly. Rather than having the frustration of dealing with the developer or freeholder yourself, your RTM will deal with them on your behalf
Does it apply to me?
- Your block must contain at least two flats.
- The building must be self-contained.
- At least two-thirds of the flats in the building must be owned by long leaseholders (leases of more than 21 years when first granted).
- At least half of the flats in the building, held by long leaseholders, must agree to the RTM for it to happen.
What could stop us having RTM?
- If 25% of your building is non-residential e.g. retail or industrial, you don’t qualify for RTM.
If there is a resident landlord i.e. the freeholder of the whole building lives in one of the properties, you may not qualify for RTM.
Can we have one RTM for numerous blocks?
- No. The right to manage operates on a building by building basis. So an estate with several blocks will need to have a separate RTM for each block.
What are the costs & likely time frames?
What are the costs involved?
- The only definite cost involved is the Freeholder’s legal expenses (which the RTM Company has to cover). This has to be a “fair and reasonable” amount typically around £300 per flat.
- There could be additional costs depending on whether you decide to complete the paperwork and application yourself, hire a solicitor, or use a specialist RTM service provider. We can help you decide which option would be best for you.
How long does the process take?
- In most cases, an RTM application, from the moment you start contacting other leaseholders to the moment you take over management of your block, takes about five to seven months from start to finish.
- It may take longer if the landlord decides to contest your RTM application. It’s important to get advice from the beginning of the process to reduce the risk of this happening.
What if I’m contested?
What happens if the landlord/freeholder objects?
- When a notice is served to a landlord, occasionally (but rarely) they will issue a counter-notice, denying the leaseholders the right to take over management of the block on a specific date.
- If this happens, the RTM company has the right to take its case to the First Tier Tribunal-Property to help progress the RTM process. Your right to manage company would incur the cost of booking the case with the Tribunal and paying any legal costs incurred.
What if other tenants in my block object?
- As long as at least half of the flats in the building held by long leaseholders agree to the RTM, it can proceed.
How we can help
We have assisted numerous block and estates set up RTM companies. We’re happy to do this for you free of charge, on the understanding that you appoint Edgefield as your first managing agent when the RTM company is formed. We can help by:
- Giving advice on taking the first steps towards an RTM.
- Finding and contacting other leaseholders to inform them about the benefits of forming an RTM company and encourage them to take part in the application.
- Coordination of the whole process by organising residents’ meetings, managing the signing of all the paperwork and even negotiating with the freeholder over the terms of your takeover and the date it will happen.
- Referral to an independent solicitor or specialist service provider to manage the legal aspects of setting up an RTM.
- Providing guidance on Director responsibilities.
What others are saying
Thank you for all your help and in particular the very professional and discreet way you dealt with this rather bizarre situation – very much appreciated.
Leaseholder
Residential Block in Woking
This is really helpful, thank you so much. I am going to talk to the other directors and get back to you, it sounds like just what we are after!
RMC Director and Chairman of the Board
Residential Estate in Guildford
Many Thanks. It’s pleasing that the letters from the accountant dealt with the issue – one of the many benefits of dealing with a professional managing agent.
RMC Director
Apartment Block in Farncombe
I had to visit my tenant last night so have now seen for myself the new door plate. It’s really neat and well done so my thanks to you and your contractor.
RMC Director
Apartment Block in Farnham