Overview

The Right to Manage (RTM) regime has become an increasingly popular mechanism for leaseholders seeking more autonomy over the management of their homes. However, the process is not without legal and practical complexity. A strict set of statutory requirements governs eligibility, company formation, notice, notice procedures, dispute resolution and handover of management functions, and there are numerous traps for the unwary. This new book provides comprehensive, practical coverage of the RTM regime and sets out the relevant steps taken in the process when exercising the right. It identifies the relevant pitfalls, providing a user-friendly guide to effective navigation of the process. Fully up to date, the book examines the Leasehold and Freehold Reform Act 2024 which impacts the cost regime and eligibility criteria for qualifying buildings, providing a practical, accessible guide to the whole statutory process. The book also includes coverage of significant recent cases such as: Avon Freeholds Ltd v Cresta Court E RTM Co Ltd [2025] EWCA Civ 1016 (on the validity of notices); FirstPort Property Services Ltd v Settlers Court RTM Company Ltd [2022] UKSC 27 1 (on the extent of property subject to the right to manage); and 56 Westbourne Terrace RTM Company Limited v Polturak [2025] UKUT 88 (LC) (Upper Tribunal exercising the jurisdiction to vary long leases under section 35(2)(e) of the Landlord and Tenant Act 1987, varying a lease to allow an RTM company to recover legal costs of service charge proceedings against defaulting leaseholders).

Full Product Details

Author:   Piers Harrison ,  Harriet Holmes ,  Swita Kothari ,  Eleanor Murray
Publisher:   Wildy, Simmonds and Hill Publishing
Imprint:   Wildy, Simmonds and Hill Publishing
ISBN:  

9780854903122

ISBN 10:   0854903127
Pages:   400
Publication Date:   28 February 2026
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Forthcoming
Availability:   Not yet available  
This item is yet to be released. You can pre-order this item and we will dispatch it to you upon its release.

Table of Contents

Table of Cases Table of Statutes Table of Statutory Instruments 1      INTRODUCTION Law reform Buildings with different freeholders Multi-building right to manage Notices 2      RTM COMPANIES, MEMBERSHIP AND GOVERNANCE Summary RTM companies Commonhold association Other RTM companies Articles of association Membership Qualifying tenants Membership of qualifying tenants Membership of landlord Withdrawal and cessation of membership Directors of the RTM company Voting rights Quorum for general meetings Voting rights if there are no landlord members Voting rights where there are landlord members Determination of votes available to be cast Votes attributable to residential units Votes attributable to non-residential units Casting of the available votes Errors and disputes over the voting system 3      QUALIFYING FOR THE RIGHT TO MANAGE Summary Qualifying conditions An introduction The first limb – premises to which the right to manage applies Self-contained building Self-contained part of a building Vertical division (section 72(3)(a)) Redeveloped independently (section 72(3)(b)) Has or could have independent services (section 72(4)) The second limb – number and proportion of ‘flats’ Meaning of ‘flat’ Qualifying tenants Joint tenants Trustees Long lease (sections 76 and 77) Sub-leases Exceptions – leases which do not qualify Multiple premises Appurtenant property Premises excluded from the right to manage Building with self-contained parts in different ownership Resident landlords Owned by local housing authority Premises in relation to which rights previously exercised Crown Land 4      CLAIMING THE RIGHT TO MANAGE – GIVING NOTICE Summary Participation in the right Schedule Who must be served with notice of invitation to participate? Validity of notices Consequence of failure to serve notice of invitation to participate Form and content of the notice of invitation to participate Basic requirements Additional content of the notice of invitation to participate Additional content prescribed by regulation 3 Schedule 1: Form of notice of invitation to participate Checklist 4.1: Notice of invitation to participate – contents Preparation and service of the notice of invitation to participate Identifying relevant lessees for service Address for service Method of service Omissions or mistakes in the notice of invitation to participate Statutory saving provisions: notice of invitation to participate Serving fresh notices of invitation to participate Right to obtain information Commencing a claim by serving a claim notice When can the claim notice be served? To whom must the claim notice be given? Missing parties Form and content of the claim notice Schedule 2: Form of claim notice Checklist 4.2: Claim notice – contents Checklist 4.3: Claim notice – relevant recipients Premises and appurtenant property Multiple premises Counter-notice Deadline for service of the counter-notice Calculating the date for the counter-notice Service of the claim notice Service of the claim notice on intermediate landlords Service of the claim notice on agents Service on third parties Address for counter-notice stated in the claim notice Address for service on landlords Who can sign the claim notice? When is the claim notice given? Inaccuracies in the claim notice Failure to include the prescribed notes Consequence of service of the claim notice Is it necessary to withdraw an invalid claim notice? Commencement date for acquisition 5      PROCEDURE FOLLOWING SERVICE OF THE CLAIM NOTICE Summary Right of access Contractor notices and contract notices Notices relating to management contracts Meaning of ‘management contract’ Meaning of ‘existing management contract’ Meaning of ‘existing manager’ Meaning of ‘determination date’ Duties to give notice of contracts Who must give notice and what type of notice is required? Timing Contents of the contractor notice Regulation 6 of the 2010 England Regulations: additional content for contractor notice Regulation 6 of the 2011 Wales Regulations: additional content for contractor notice Form of contractor notice (property in England) Checklist 5.1: Contractor notice – contents Existing management sub-contract(s) Meaning of existing management sub-contract Contents of the contract notice Regulation 7 of the 2010 England Regulations: additional content for contract notice Regulation 7 of the 2011 Wales Regulations: additional content for contract notice Form of contract notice relating to an existing management contract (property in England) Form of contract notice for existing management sub-contracts Checklist 5.2: Contract notice – contents Errors relating to contractor and contract notices What happens to existing contracts? Duty to provide information Form of information notice pursuant to section 93 of the Commonhold and Leasehold Reform Act 2002 The counter-notice Who can serve a counter-notice? Statement in the counter-notice Timeframe for service of the counter-notice Extension of time for service of the counter-notice Late service of the counter-notice Form and content of the counter-notice Regulation 5 of, and Schedule 3 to, the 2010 England Regulations: additional content for counter-notice Regulation 5 of, and Schedule 3 to, the 2011 Wales Regulations: additional content for counter-notice Counter-notice disputing entitlement Grounds for disputing entitlement to the right to manage Validity of claim notice itself Challenging the acquisition of the right to manage in the absence of service of a counter-notice Schedule 3: Form of counter-notice Checklist 5.3: Counter-notice – contents Case law relating to the validity of counter-notices Who can serve a counter-notice? Service of the counter-notice Costs 6      APPLICATIONS TO THE TRIBUNAL, WITHDRAWAL AND COSTS Summary Section 84(3) of the CLRA 2002 – applications following a challenge to the entitlement to the right to manage When an application can (and should) be made Effect of the application and the issues which may be raised The application to the Tribunal Form and content Calculating time ‘Making’ the application to the tribunal Withdrawing an application Withdrawal of a claim notice Deemed withdrawal Costs of the application to acquire the right to manage Costs in the First-tier Tribunal (Property Chamber) 7      ACQUISITION AND HANDOVER Summary Manner of acquisition Acquisition date Registration of the right to manage Transfer of the management responsibility Transferred management functions Untransferred tenant’s covenants Limitations on management functions Effect on an employee The duty to provide information The duty to pay accrued uncommitted service charges Consequences of historic breach of covenants on acquisition Breaches by leaseholders Service charges incurred before the right to manage was acquired 8      EXERCISE OF THE RIGHT TO MANAGE Summary Transfer of management functions ‘function’ ‘relating to’ ‘management functions’ ‘services’ ‘repairs, maintenance’ ‘improvements’ ‘insurance’ ‘management’ ‘a person who is landlord under a lease of the whole or any part of the premises ...’ ‘under the lease’ ‘are instead functions of the RTM company’ Release of landlord from liability under the lease Transfer of functions operates to exclude the landlord from management functions Pre-existing Landlord and Tenant Act 1987 manager Exceptions Partial exception for business leases and short leases Re-entry ‘Whole or any part of the premises’ Shared appurtenant property Newly developed parts Implied right of entry but no transfer of possession of all retained parts Aggregative transfer of functions Short leases Transfer of third party functions Management functions under collateral agreements Nature of obligation owed to landlord Damages Enforcement of tenant covenants Transferred covenants What is a transferred covenant? Set-off Examples of transferred covenants Untransferred covenants Set-off RTM company’s duty to monitor and report Ground rent Problems Functions relating to approvals Premises to which section 98 applies Transfer of functions Section 19 of the Landlord and Tenant Act 1927 Requirement to give notice before granting an approval Notice Objection Grounds of objection Examples What if the RTM company refuses consent and the landlord wants to give consent? Landlord contributions to service charges in respect of excluded units Building Safety Act 2022 Remediation orders under the Building Safety Act 2022 Section 161 of the Building Safety Act 2022: liability of officers of body corporate – partial exemption for ‘relevant company’ Liability of the landlord and the RTM company under other statutes Defective premises Service charges Right to request information on insurance Managing agents Right of first refusal Appointment of a manager under Part II of the Landlord and Tenant Act 1987 Right to acquire landlord’s interest Variation of leases Service charges to be held in trust Information to be furnished to tenants Landlord and Tenant Act 1988 Tenants’ right to management audit Right to appoint surveyor Administration charges Lease variation to permit cost recovery 9      CESSATION OF THE RIGHT TO MANAGE Summary Cessation by agreement Cessation on winding up, etc of the RTM company Struck off company restored Cessation on the appointment of a manager under the Landlord and Tenant Act 1987 Cessation on the RTM company ceasing to be an RTM company Consequences of cessation Immediate consequences Frustration of contracts Cooling-off period APPENDICES 1      The Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010 (SI 2010/825) 2      The Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011 (SI 2011/2684)   Index

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Author Information

Piers is a barrister at Tanfield Chambers. His practice covers all areas of property law and clients include property development companies, local authorities, government agencies and private companies and individuals. Piers is a co-author of Service Charges & Management (3rd ed), Leasehold Enfranchisement: Law and Practice, and Megarry’s Manual of the Law of Real Property (9th ed). Harriet Holmes is a barrister at Wilberforce Chambers, Lincoln’s Inn. She is a specialist property litigator, whose practice covers real property, landlord and tenant, trusts of land and settled land, and property-related professional negligence. She is a contributor to Hill & Redman’s Law of Landlord and Tenant and is ranked as a leading junior barrister in real estate litigation by the leading directories, Chambers & Partners and Legal 500. Swita Kothari is a Senior Associate in the Real Estate team at CMS Legal. She has over 13 years’ experience in all aspects of residential transactions. Swita advises on initial structuring of PRS and BTR schemes, legislative changes such as the Renters’ Rights Act and leasehold enfranchisement matters. She acts for landlords and tenants on sales and acquisition transactions, lettings and general management work and for Banks on real estate finance work involving residential assets. Eleanor Murray is a Partner at CMS and heads the firm’s enfranchisement and residential disputes team. She is an expert in all aspects of residential disputes, specialising in enfranchisement, residential service charges and right to manage instructions. She acts for a range of residential and mixed-use landlords including landed estates, investors and developers. Hugh Rowan is a commercial chancery barrister at Tanfield Chambers, specialising in property law, with particular expertise in leasehold enfranchisement and the right to manage. He has appeared in a number of leading cases on building safety and service charges, and is a regular contributor to property law publications.

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