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When a landlord is notified of an intention to exercise the right to manage (‘RTM’) certain factors need to be considered, namely: whether the right should be admitted at all; existing contracts; contractor notices; duty to provide information; and transfer of funds Conditions for objecting:  Landlords should be aware they cannot resist the RTM if all relevant conditions are met.  Landlords may challenge the claim notice and issue a counternotice if there is evidence that: There are not enough “q

In order for the Right to Manage Company (RTM Co) to be effective in its purpose, at least 50% of the qualifying leaseholders in the building must become members. This will require a concerted and determined effort on behalf of one or more qualifying tenants in order to create a groundswell of support for the RTM Co. By law, all qualifying flat-owners must be invited to become members of the RTM Co (see Section 78 of CLARA 2002). There is a prescribed form of notice inviting participation which must be se

One particular right to manage problem is that the Commonhold & Leasehold Reform Act 2002 fails to make satisfactory provision for developments comprising more than one block; managed under one service charge scheme. Section 72(1) provides that the right to manage applies to premises “which are a self-contained building or part of a building, with or without appurtenant property”. The first question is whether “building” can be interpreted to mean “buildings”. Section 6 of the Interpretations Act

This piece aims to shed some light on the leaseholder’s statutory right which enables them to take charge of the management of their building by removing existing managing agents. The formal Right to Manage (RTM) procedure provides leaseholders with the power to collectively decide who they would like to manage their block. This can be exercised even if the existing managing agent is technically “not at fault”. So long as the right procedure is adopted the landlord has little say in objecting to the r

QUESTION Dear Sir I recently moved into a block of five flats and we have recently been asked recently to put ourselves forward as directors of the management company and to run it. Please tell me where I can get advice on this and if a personal tax return will need to be submitted to HMRC. Sarah Jane Whittingham QUESTION 2 Dear Sir I write as the Secretary to a small block of flats (6). We are a limited Company and a little while ago 5 of the residents got together to buy the fre

QUESTION Dear Sir I have a problem persuading the other Directors/leaseholders of the Residents Company which owns the freehold to bring the existing lift back into working order. While the lift has been inoperative for many years its repair has always been deferred because of other expenditure despite a full obligation to the lift in the leases which were recently extended without variation. The majority of the 10 flats would benefit from the lift. Having got estimates including a reasonable renov

In the current climate of uncertainty relating to recovery of contractual legal costs the Upper Tribunal (Lands Chamber) has provided welcome clarification via a recent binding decision. The case of Liverpool Quays Management Ltd v Moscardini involved three points of appeal.  Of significance was the decision made by the President George Bartlett QC on the issue of legal fees incurred for service charge collection. The Upper Tribunal had to determine whether the construction of the lease permitted the man

Cleaning and gardening are the two most contentious services that constantly get challenged for delivery of service. Gardening, work becomes ‘visible’ once the gardens have been mowed and the trees and shrubs pruned. The same cannot be said for cleaning and sweeping. It only takes a pair of muddy shoes to mark a clean and polished floor or a gush of wind that blows sand and litter on grounds that have been swept. Cleaning contractors are constantly up against complaints for not cleaning to an acceptable

The hunt is on to find the Best Builders’ Breakfast in Britain. Online tradesman-finding website MyBuilder, which has over 63,000 tradesmen on its books, is seeking nominations from plumbers, electricians, plasterers and painters for their favourite breakfast vendor, whether it is a traditional ‘greasy spoon’, transport café, hotel or a van by the side of an A-road. The winning café/diner will be named on 27 November 2012 and presented with a trophy.

Two property managers will soon be testing their levels of endurance in the aid of charity. Will Taper of Willmotts Chartered Surveyors will be attempting to cycle across the USA on a 2600 mile journey in 30 days, averaging about 90 miles per day. He is using the cycle ride to raise money for the Royal Free Charity and London Youth. Will has been saving for a long time to pay for all the expenses of this challenge, so all the money donated will go directly to the charities themselves. For more information

A new standards board, which will regulate the Home Condition Survey (HCS) and develop associated products, has been launched. The Property Surveyors Standards Board (PSSB) is the result of a joint venture by three industry bodies: SAVA (Surveyor and Valuers Accreditation), BRE (the Building Research Establishment) and the RPSA (the Residential Property Surveyors Association). The HCS provided by RPSA members, through its specialist panel of surveyors, is a detailed, comprehensive yet easy to read survey

Simon Woodroffe, the entrepreneur who founded Yo!Sushi is stepping into the residential apartment development world with a brand new concept called Yo!Home.  Inspired by design ideas he picked up when creating his Japanese influenced “capsule-hotel” - Yo!tel, Yo!Home utilises many innovative features to maximise limited living space.  These include a sunken lounge with flip up seating, a bedroom elevator and a disappearing guest bed. The stunning prototype, which cost Woodrofe a reported £200,000 to c