Right to Manage Help please!

[Deleted User]

Good afternoon.

I really need some help here please.

Basically I've been dumped with all this work as the other leaseholders can't get there head around RTM. This is just a small 4 flat converted house. We all have a good relationship at the moment.

I apologise for the long post.

I have received the Counter notice from my freeholder stating I have the 'right to manage'. This is due to go live on August 20th.

I am arranging insurance for that date. Also I am opening a business account. My questions are:

a) Do I need to contact the freeholder for all the contract details etc? If so how do I word this?

b) I am under the impression that all contracts will cease on handover date?

c) The roof works that have not started due to the RTM. The Surveyor and managing agent want a large percentage. As these works have not started yet do they have the right to take the full percentage stated?

d) As I have the RTM soon do I have to go by the exact specs of their Chartered Surveyor? My roofers are stating most of the work is not needed.(there is no leak or anything dangerous etc)

e) For instance while we have the RTM and the lease states the house needs to be painted every 5 years I will have to issue a section 20. Am I free to get it painted or do I have to inform the landlord of everything we do?

f) Does the freeholder need to apply to become a member of the RTM company or is this automatic?

G) We the RTM company will be managing the building. Do I need to inform the freeholder that we will be managing the building and not a managing agent?

If anyone has the patience to reply it would be much appreciated.

[Deleted User]

I cant answer all your questions as we managed to get our RTM sorted before the big Sec 20 arrived. I do feel your pain though as we were also forced into it as the managing agents wouldn't have stopped until they bankrupted us. My situation was similar in that there are 3 of us, I of whom has mental health issues and is completely useless and the other is a nice guy but just not interested and never returns messages etc. I had to do the whole lot and feel very aggrieved about it.


We were lucky we got the Leasehold Advisory people to do all the legalities and yes the Freeholder has to give their consent which ours did and no he is not a member of the board although I think he has the right to be.


When we took over we asked the managing agents for all contracts , quotes, surveys, final accounts, any guarantees for any works in fact anything relevant to our property.

We don't advise the Freeholder of everything we do, he did ask confirmation the buildings insurance was in place.

I opened a treasurers account for the business as I had to set this up with people I didn't really know and felt it a bit more restrictive than a full blown bank account.


Good luck OP

[Deleted User]

Thanks BBH123,


I've just amended my post stating the roof works have not started yet(I put some of the works had started)


When you say the 'freeholder needs consent' what exactly did your freeholder need consent for?


I was in the same position in that they would have bankrupted me if this carried on.


How long have you been RTM for?


Any other advice please?

[Deleted User]

Basically that he gave his consent for us to RTM. They can challenge this and say no which is a massive headache if you have to go down the tribunal road.


If the roof works have not started I would assume its void as you would now be managing the building, I'm not saying you don't have to maintain the building because you do but you can get your own quotes and not pay exorbitant managing agent fees .


We have been an RTM since last year now and tbh it should be an easy process but like you my 2 co-horts are leaving everything to me.

[Deleted User]

Thanks BBH123,


Yes the RTM has been granted and handover is on August 20th so I'm good to go.


Just trying to get everything ready.


Yes the problem is that they have already employed a chartered surveyor so I'm hoping I can dump him otherwise I'm going to be seriously ripped off. Your freeholder doesn't begin with P does it?

NeilCr

Have you seen this?

It, probably, won't answer all your questions but it is a good guide

https://www.lease-advice.org/advice-guide/right-manage/

Would it be worth taking one of their free appointments for some advice

https://clients.lease-advice.org/appointments.aspx

You are taking on quite a lot here!

[Deleted User]

No our Freeholders don't begin with P


We didn't want to do the RTM but following a survey looking into every nook and cranny even being charged for scraping grass we could see we would be bankrupted when the Sec 20 arrived so had to act fast.


Yes I would imagine the relationship with the surveyor is void as it wasn't you who engaged him.

[Deleted User]

NeilCr wrote: »

Have you seen this?

It, probably, won't answer all your questions but it is a good guide

https://www.lease-advice.org/advice-guide/right-manage/

Would it be worth taking one of their free appointments for some advice

https://clients.lease-advice.org/appointments.aspx

You are taking on quite a lot here!

Thanks for the info Neilcr.


I have been in touch with them many times. Very helpful depending on which solicitor you get. I've had to put some questions in writing to them as they could not answer them. Waiting on a response.