Right To Manage Services
If you own a leasehold flat, choosing who manages your property is your legal right. Since the commission of the Commonhold and Leasehold Reform Act 2002, prescribed steps have been created to allow every leaseholder the right to manage their property, subject to a few minimum requirements.
If you have been struggling to work with your current managing agent or your freeholder is managing the development without your best intentions in mind and you have reached your limits. Why not contact us to see how this process can give you and your fellow residents control of your service charge and maintenance obligations.
At Essex Properties, we have successfully acquired the Right To Manage for many of our clients who have chosen to remain with us as their new managing agent even after our service has been completed. We are confident that our friendly, affordable and customer-focused service will satisfy every client throughout the legal process.
Our approach is to take the complexity of property management and legal issues away from clients and provide a simplified, clear and transparent service to ensure our clients are well-advised and well-protected.
Before we can carry out our Right To Manage services, a few checks need to be conducted. These will include (but not limited to):
– Obtaining confirmation from residents of their intentions to form a Right To Manage company.
– Ensuring that residents are “qualifying tenants” under the above legislation
– Understanding why the client would like to conduct a Right To Manage and explain whether this is right for them, how the process works and confirming whether this is the best approach.
Our free, no-obligation consultation includes the above preliminary checks and discussions. Once the client has agreed that this is the right service for them and they wish to continue, we offer two different services and very competitive prices.
Frequently Asked Questions
The Right To Manage status was introduced by the Commonhold and Leasehold Reform Act 2002. Since 2006, it has enabled leaseholders to take over the management functions of their building and be free to appoint any managing agent of their choosing.
Before Right To Manage was introduced, it was common practice that leaseholders who were responsible for service charges and contributing to the maintenance/improvements to the building they lived in, had no control over the communal areas outside of their leaseholder property. The Right To Manage status provided leaseholders with some control over these areas and in turn, this re-opened competition amongst managing agents and Freeholders to ensure they have the leaseholder’s best interest once again.
As the process is governed by law, there are specific parameters which need to be in place before the law permits the claim or application to proceed. There should be a minimum of 50% of the building’s leaseholders to start the process and leases/land registry checks also need to be completed for each property.
Depending on whether you choose our fully inclusive or our Cliam Only service will depend on the extent our service goes. Before you choose one of our services, we offer a free, no-obligation consultation and check to make sure that the Right To manage is right for you. Our services do not cover the landlord’s costs.
The landlord may seek to charge the costs incurred in the transfer process. For example, accounts and audit costs. By law, any costs must be reasonable and in the event of a dispute, these costs can be challenged in the First Tier Tribunal. (On average, the landlord’s costs can be between £500 and £2,000 depending on the size of the building). These costs, if reasonable will usually be borne by the Righ To Manage company after its acquisition.
Yes. With the basic running costs of a building ever increasing, it is common practice for landlords to renew contracts, instruct works or service maintenance agreements without always ensuring the costs are the most competitive. With so many buildings usually under one landlord, you can quickly see how these small changes and tender exercises can quickly add up. Having a Right To Manage also means that the building’s long-term maintenance can be planned at an affordable cost whilst still achieving all of the improvements that are desired. As we also run an expert Block Management and Lettings service, we can advise you during the Right To Manage process of the savings that you may be able to achieve.
To get started with your free, no-obligation consultation, don’t hesitate to get in touch with our friendly team, who will be able to answer any questions you may have about the process. If you have a busy schedule or would like to email us instead, our legal team can be contacted at legal@essexproperties.co.uk
