The Right To Manage - Landlords FAQs

Have you received a notice under Section 79 of the Commonhold and Leasehold Reform Act 2002?

If receiving a notice such as this, it potentially means that a collective group of leaseholders in a building is trying to take control of management. By law, providing the claim is valid, you are compelled to comply; you would then have at least one month from receipt (which should be the date specified in the notice) in order to exercise your right of access to any part of the premises, and to produce a counter-notice, that either accepts or (or if the RTM company does not qualify) rejects the right of the Tenants to take over management. If no counter notice is served, a Landlord will be deemed to have admitted the right.

It is therefore important to instruct a Solicitor and a Surveyor as soon as possible to deal with such a notice. The Leaseholders must pay your reasonable costs involved in this process (but note, these are only payable toward the end of the process). 

While many Landlords would prefer not to be compelled to part with the management of their building, depending on the circumstances, the right to manage can be stopped or delayed. We can for example advise on preventative measures to a potential right to manage claim.

As a Landlord, do I have the right to join the right to manage company set up by the tenants?

Yes, you may become a member of the company upon its acquisition.

To find out more about a Landlord’s rights and responsibilities under Section 79, please contact Daniel Tang on 020 8290 7373 or email dtang@judge-priestley.co.uk