Rtm step 5

Ok, so you have a difficult Landlord who disputes your claim.

The good news is that Leaseholders do not need to prove any fault on behalf of the landlord to exercise their Right To Manage.

To dispute the claim the landlord must prove that your Right to Manage application does not comply with the 2002 Act, for example, claiming there are

  • errors in the initial application,
  • that your block is not a self-contained building, or part of a building
  • any commercial element exceeds 25% of the floor area,
  • there are not enough flats owned on long leases.
  • If it is not detached, 3 sub-tests must be met
    1. there must be vertical divisions with the adjoining buildings, minimal deviation may not render your claim invalid – see Finland Street case
    2. it must be capable of being redeveloped independently and
    3. if there are shared facilities or services, they must be capable of being provided independently without significant interruption, ie,
      1. identifying the services not provided independently,
      2. Can they provided independently,
      3. if so what works are necessary,
      4. what interruption would this entail,
      5. is this disruption “significant”?
        for example, heating, if the boiler house is shared with an adjoining block, your block will not be self contained and capable of RTM - See Oakwood Court case.

Assuming the Landlord does not resist your claim (by serving a Counter Notice) the acquisition date for the Right to Manage is 4 months after the date of your Claim Notice. It may be worth considering, therefore, the timing of your initial Claim Notice to avoid busy periods, bank holidays and so on.

If the Landlord does not resist your claim, then congratulations you can take control of your property and the way it's services are managed.



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