Where the RTM company has been given one or more counter-notices denying the claim, it may apply to the appropriate tribunal for a determination that it was on the date the claim notice was given that it was entitled to acquire the RTM of the premises.
Category: Right to Manage
RTM Counter-Notice
A person given a claim notice by an RTM company may give a counter-notice to the company no later than the date specified in the claim notice (section 84(1), CLRA 2002).
RTM Claim Notice
A claim to acquire the RTM any premises is made by the RTM company giving notice of the claim.
Content of RTM Participation Notice
The notice inviting participation must be in the prescribed form including the notes. In England, the form is prescribed by the English RTM Prescribed Form Regulations 2010 and in Wales by the Welsh RTM Prescribed Form Regulations 2011.
RTM Participation Notice
The RTM company must give a notice inviting participation in the RTM to each person who satisfies both of the following criteria at the time when the notice is given:
RTM Companies
The RTM has to be exercised through an RTM company which must be a private company limited by guarantee (sections 73 and 122, CRLA 2002).
Qualifying Tenants – RTM
A person is the qualifying tenant of a flat if that person is tenant of the flat under a long lease (section 75(2), CLRA 2002).
Advantages of Right to Manage
Right to manage is the process of taking control from the landlord over the management functions of your building. There are several advantages to the RTM process.
Reasons to consider Right to Manage
Tenants in leasehold developments often believe the managing agents are acting on their behalf when in reality they are acting on behalf of, and report to, the landlord.
What does Right to Manage mean?
If an RTM company successfully acquires an RTM, it assumes the ‘management functions’ for the premises over which it has acquired the RTM.