Leaseholder wants to take management of the property

Leaseholder Wants to Take On Management of Property

“I want to be more involved in the decisions concerning the management of my block.”

We were approached by a client who wanted to be more involved in the decisions concerning the management of their block of properties in Bethnal Green.

 

Some of the leaseholders had become frustrated with the standards of workmanship of the contractors who were involved with the day-to-day management of the building. The leaseholders were especially concerned as the poor work of the contractors was resulting in a falling of the desirability of living at the property, which they believed was also attracting anti-social behaviour.

This an understandable reaction from habitant leaseholders, who live closely and can observe the work underway every day.

The Solution

The first simple step to having more involvement in the management of a property is to speak to your landlord or property manager. However, not all landlords are forthcoming or accessible for discussion, as was the case for this client.

In the case that the most obvious steps are not possible, leaseholders can form a committee and put forward views. Within this structure, the landlord or managing agents has a legal responsibility to hear the views of the committee.

However, if this approach does not yield the solutions you hope, you can form a company recognized as a Right to Manage Company (RTM). This gives you the opportunity to serve a notice on your landlord that you intend to take over the management of the block.

The landlord does not have the right to object to this notice, providing you have the support of the majority of the leaseholders in your block, and providing that an RTM has not been formed before.

It is worth giving serious consideration before setting up a RTM, and we are here to help, to ensure that the process goes smoothly and your venture is successful.

Things to consider before forming an RTM

  • A limited company will have to be formed and a director will have to be appointed.
  • The director will be personally accountable for the decisions, money, credit control, HMRC and Companies House statutory duties.
  • The director is unpaid.
  • The RTM company will be responsible for the repair and management obligations for which the landlord is responsible.
  • For some this may be more onerous then expected, however for some this is perhaps what they are looking for. Be sure that you understand the responsibilities that you are undertaking before taking official steps.

How to Avoid the Common Pitfalls of Committees and RTMs

Should you wish to contemplate setting up a committee or an RTM company, our team are on hand to help.

In these circumstances the legal procedure is difficult to comprehend and getting different individual property owners to agree on a middle ground can be difficult. It is also challenging to get everyone to cooperate and participate. We can help to simplify these procedures by guiding you through the complex areas of property law, helping you to save common pitfalls, such as leaseholders’ legal costs.

Conclusion:

We are pleased to confirm that the leaseholders of the Bethnal Green property now have control of how funds are expended on their premises, and of what services are provided. They can therefore maintain their property in the long-term.

The leaseholders are happy and the site no longer looks derelict.

To consult our team for assistant and advice, please contact the team today.

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