what you need to knowCommon questions

1. What will be my obligations/rights as a member of the company?

As a member of the company you have the right to: attend AGMs and vote on proposals put forward by the company; hold office; contribute suggestions and, crucially, influence all decisions made. You do not have to have any active involvement unless you wish to.

2. Do I have the right to terminate my participation?

You can terminate your participation at any time but you will still have to pay the service charge as determined by the RTM company under the terms of your lease. Essentially this function, which to date has been run by the Freeholder and his agents, will be taken over by the RTM company.

3. Will this affect in any way my relationship with the Freeholder?

In other respects your landlord and tenant relationship with the Freeholder will remain the same. Your lease with the Freeholder will remain unchanged and the ground rent payments will still need to be made to him. Often the RTM company will collect the ground rent on his instruction and pass it on. The RTM company will, however, take-over the service charges and, by deciding to join, you will have a voice and, if you sell the flat, so will your successors.

4. Will the Freeholder have any say in the RTM company?

The Freeholder has the right to participate in the RTM company if he so desires. However, he will only have one share and a single vote. In our experience most Freeholders choose not to become involved.

5. Do we have to use Your Right to Manage to handle the on-going management of the block?

No. The beauty of the Right to Manage company is that once this company is formed you have total control over how you run the building, who you appoint to manage it, and how it is managed subject to the statutory provisions and the majority decision of your fellow leaseholders. We are confident that we can offer you an excellent service and ask you to try us. We find that even leaseholders with good experiences of landlord’s agents appreciate the peace of mind and free time they can enjoy if the property is being professionally managed by an agent who is answerable to them.

6. We have had a poor relationship with our landlord and their agents for some time, can they continue to charge us for services and dictate how the building is run?

Provided you comply with all the terms of your lease, by forming a RTM company the landlord’s involvement in the day-to-day running of the building will cease. However, you do have to comply with the decisions of the management company, pay the service charges and behave in a neighbourly manner. Nevertheless you will now have a voice and collective control of how your building is managed.

contact us now on 020 7307 0848 or info@yourrighttomanage.co.uk
JP Elliott and RICSJP Elliott and RICS