April 24, 2017

Right to Manage

See the article about avoiding the pitt-falls of right to manage, by leading managing agent Rob Plumb, CEO of HML Holdings, It can be read here

The Right to Manage, or RTM as it is known, is a no fault legal process that is now common practice in leasehold developments where more than 50% of the leaseholders agree that the Managing Agent needs replacement for reasons of financial incompetence, poor communication with leaseholders, lack of transparency or any other reason.  There are many Right to Manage companies who can advise you that are easily findable via 1.) the Leasehold Knowledge Partnership, (LKP), (www.leaseholdknowledge.com), 2.) Google or 3.) by asking leaseholders you know who live in other developments.

The Leasehold Knowledge Partnership is running an accreditation system for managing agents to prove they operate with honesty, transparency and understand cost control and budgeting.  If you are looking for a new Managing Agent it is worth checking whether LKP can recommend a good one in your area that they have already put through the process. (See their website for full details of both the process and those who have successfully received accreditation).

There are many people within the ranks of CarlEX supporters who have pursued this path (more than 100 developments) and they will often be happy to answer any questions on the process and the benefits. You can also talk to a solicitor who has leasehold or RTM experience, or enquire at your local estate agent whether they know of a good managing agent. One of the strengths of CarlEX is their in-depth knowledge of many Managing Agents all around the country, both good and bad, and this knowledge can help ensure you avoid jumping out of the frying pan into the fire when you select a new one to replace the one you are unhappy with.

Two anomalies in the RTM legislation are 1. If you are share ownership with a Housing Association you are not eligible to pursue the RTM process and 2. if you live in a mixed development of freehold with leasehold bungalows and flats, you are not eligible either.  CarlEX are in discussions with LEASE and DCLG on this subject and havebeen asking the government to amend the RTM legislation to sort out these anomalies that prevent many leaseholders from exercising their Right to Manage for some time.  We will keep you informed of our progress.

Heather Court RTM Meeting

A decision notice regarding acquiring the Right to Manage that was determined by the Leasehold Valuation Tribunal that may prove to be useful research.
http://www.lease-advice.org/decisions/other/rtmpdf/163.pdf – Peverel tried to counterclaim against Farrow Lane RTM that their premises were not covered within the Act of 2002 – and lost their claim.

Comments

  1. Brian Reeves says:

    R.T.M. Yes, a thousand time yes; but there is still a “DANGER”, and this is born out by a few(?) of our residents going to the extreme of saying, “Come back Peverel all is forgiven”! Yes, this is definitely still the route to take, but I would say beware if a establishment is embarking on R.T.M. with the lethal combination of an elected laissez-faire style management company/manager, and one or more “control freaks” in lead positions among the residents. I feel that it would be better to play safe anyway and aim for a firm yet open, democratic style management structure rather than one modelled on commercial companies [board of directors meeting in comparative secrecy, etc. ] Parliament, perhaps, where there’s a “public gallery” and everything is open and honest, etc? Living closely in a “community” of apartments is not easy, despite having one’s own front door, but I do believe openness and honesty at least curtails the enormously destructive gossip which produces as an unhappy building. That can lead to one almost as bad as one controlled by Peverel

  2. Christine Klaassen says:

    Hello, Having read many reports about Peverel properties that have changed to RTM, we would like to have contact with someone from these properties to hear their views. We are weighing up the pros and cons of such a change.
    Any tips or advice are extremely welcome.

    Thank you

  3. tony hanson says:

    we have been r.t.m. for 2 years now and the change , financially and atmospherically has been quite dramatic . we saved nearly £20000 on the exterior décor alone ! and we have control of how our money is spent . We employ Millstream as our managing company but we are free to change them if we so choose . [REDACTED …] DO IT NOW !!!

    Contact admin@carlex.org.uk for details of LKP-accredited managing agents and reliable commercial providers of RTM

  4. Diane Johnson says:

    Diane Johnson asks:

    Hello, and congratulations to all those brave developments who are on the road to, or have succeeded in, achieving RTM. After receiving extortionate quotes for outside redecoration, my development is considering RTM. Like Christine Klaassen above we would appreciate any tips, or advice that will help us in making the right choices.

    Thank you

  5. We still can’t quite think that I could often be one of those reading the important points found on this blog.
    My family and I are sincerely thankful for the generosity and
    for giving me the possibility to pursue our chosen career path.
    Thank you for the important information I obtained from
    your web page.

  6. john donnelly says:

    anyone know anything about the management co. p.m.s that has taken overour development.

Speak Your Mind

*