It is increasingly common for flat owners to want to take control of the management of their building, usually following differences with the freeholder or their managing agent.
This is often achieved by the flat owners exercising the right to “collective enfranchisement”, which allows the tenant to force the landlord to sell the freehold to them at a price calculated according to a statutory formula.
So, what is the Right to Manage?
But this is not the only option available – there is also the Right to Manage (“RTM”). This is the right for flat owners to take over the management of their block from their landlord (and their agents) without having to incur the cost of buying the freehold. It will also enable the flat owners or, more usually, a managing agent appointed by the flat owners, to deal with the maintenance of the block, administer and collect the service charges and (in consultation with the landlord) deal with any requests from flat owners for alterations to their flat.
Advantages and Disadvantages of Right to Manage
The advantage of RTM over buying the freehold is that the costs are significantly reduced because the flat owners do not have to pay the purchase price. The process is also much simpler. However, there are some disadvantages.
The RTM does not include the right to extend the individual leases of flats, and it does not allow the flat owners to make changes to the freehold, for example by selling off part of the land, or by granting rights over it such as a right of way. In an RTM application, those rights remain with the landlord.
Key considerations of Right To Manage
The key consideration is what the flat owners are looking for. If it is to take control of the management and maintenance of the block then exercising the RTM may be the best option. If the flat owners want to be able to exercise the rights of a freeholder, for example by extending their leases, then buying the freehold using the collective enfranchisement process may be more appropriate.
How can Morr & Co help?
If you have any questions or would like any further information on the content of this article, please do not hesitate to contact our Property Disputes team on 01737 854500 or email info@morrlaw.com and a member of our expert team will get back to you.
