Why take your Right to Manage?
If you live in a block of apartments and do not have a say in who runs that block then you can benefit from the Right To Manage process. The right is available to all apartment owners, in all blocks, where they fulfil the following criteria:
| :: 1 | At least 50% of the apartment owners within the physical block of apartments must want to go through the process. |
| :: 2 | At least 2/3rds of the apartment owners within the physical block must have long leases (>21 years at the time of issue). |
| :: 3 | No more than 25% of the block may be used for non-residential use (excludes car parks and common areas connected with the apartments). |
If your block fulfils these criteria then it is highly likely you will be able to go through the Right To Manage process with 100% success. There are a small number of technical legalities which can prevent some blocks going through the Right To Manage process, however, we will advise you on those if they arise.
If you find you are ineligible for the Right To Manage legislation, but are having problems with your managing agent, please still contact us as we can provide valuable help and guidance on all matters relating to leasehold property.
The Right To Manage is now well established in English Civil Law. Through a simple process it is possible for owners to remove their existing management arrangements and replace them with agents of their choice. There is no cost to the apartment owners in undertaking this procedure.
At Guardian we have a wealth of experience in the Right To Manage process and have been able to assist many customers in facilitating the removal of unscrupulous and incompetent managing agents.
We offer free no obligation advice and support to new and existing customers. If you are having difficulties with your current managing agents whether it be poor service or excessive charging or you feel there may be some financial irregularities please do not hesitate to contact this office and a member of the management team would be delighted to discuss the matter with you. We regularly pursue claims on behalf of our clients through our legal department and work closely with the police and other executive agencies should there be issues such as theft, fraud, deception and false accounting.
Download our Right To Manage Outline Guide
You can view the Act in more detail at the:
Office of Public Sector Information (OPSI)
Commonhold & Leasehold Reform Act 2002 FAQs Question - Who will be responsible for setting up the Right to Manage company?
Answer - Guardian Property Management Services take full responsibility for the entire process.
Question - What are the legal costs, if any, involved to commence and complete the Right to Manage process and who is liable for these costs?
Answer - There are no legal costs incurred in the basic process. In the unlikely event that the matter should be referred to a Leasehold Valuation Tribunal (LVT) then there may be some legal costs incurred which would be be paid by the property owners.
Question - What is the legal minimum number of Directors required for a Right to Manage company?
Answer - By law there has to be a minimum of one Director. That Director can also act as company Secretary, or another person can undertake this role. There can be any amount of Directors. Guardian Property Management Services will if required undertake the role of company Secretary at no additional cost to the owners.
Question - Upon transfer of management function what is the situation regarding unpaid service charge debt?
Answer - Guardian Property Management Services would undertake to pursue that debt on behalf of the Right to Manage company.
Question - If there are any sub-contractors, suppliers etc that are owed money by the previous managing agents, who is liable to pay these outstanding bills?
Answer - The previous managing agent will settle these outstanding bills before transfer takes place.
Question - Do the existing sub-contractors and suppliers that are under contract with the previous managing agents have any rights to transfer their Contracts over to the Right to Manage company?
Answer - No, the new company would not automatically become liable for any other person's contract.
