Lexsure e-ROT

Management Company · Report on Title scenario

Taking over the management of the building

Often, yes — and without buying anything. The right to manage allows qualifying leaseholders to take over the management of their building through a company they control, while the freehold stays where it is. It is the answer for a block whose management is poor and whose freehold is unaffordable, and it is also a common first step towards buying the freehold later.

From the e-ROT archive

This scenario is drawn from Report on Title material dealing with this specific circumstance.

Lexsure master Report on Title paragraph: The Right to Manage · See the wording

Which describes you?

I’ve already bought the property The management of my building is poor and I want to know my options. Check what this could mean →WhenIBought.com
I’m a conveyancer I need Report on Title wording for this situation. View professional options →

What it changes, and what it does not

It changes who manages. A company formed by the leaseholders takes over the management functions: repairs, maintenance, insurance arrangements, the service charge and the appointment of any agent.

It does not change who owns. The freeholder remains the freeholder, ground rent remains payable, and the leases stay as they are. Lease extensions still have to be negotiated or claimed in the ordinary way.

That combination is the point. It separates the thing most leaseholders actually want — control of how their building is looked after and what it costs — from the thing that is expensive.

Why it is often the practical answer

Buying the freehold collectively requires enough participating leaseholders and enough money, and on many blocks one or both is missing. The right to manage is a statutory right exercisable without the freeholder's agreement and without paying a premium for the building.

It is also reversible in effect: a block that takes over management and then decides it wants the freehold has lost nothing and has acquired a working company and a track record.

What to establish before you count on it

Whether the building qualifies and whether enough leaseholders are willing. Eligibility turns on the building, the leases and the proportion of leaseholders participating, and it is the first thing a solicitor will assess.

What it would cost. The process has its own costs, and the leaseholders can be liable for some of the freeholder's reasonable costs as well.

Whether anyone else has tried. On a block where an attempt has already failed, the reason it failed is the most useful information available.

If you are buying into a block with a right-to-manage company already in place, ask the ordinary company questions: is it filing its accounts, who are the directors, and does it have any money?

Already bought, and the building is badly managed?

If the management of your block is poor, the right to manage is one option, and what was explained to you about the arrangements when you bought is another question worth asking.

From the e-ROT archive

Report on Title paragraph

The Right to Manage

Master precedent Lexsure e-ROTScope Management without the freeholdWord count 113Status Current master paragraph

As the owner of a leasehold flat, you may also qualify for the right to manage. This means that you and the other leaseholders can take over managing the building, through a management company, but you will not own the freehold.

The owners of leasehold flats may use the right to manage as a ‘stepping stone’ on the way to enfranchisement.

However, it’s also an option for flat-owners who may not be able to buy their freehold – for example, because they cannot afford the purchase price. If you and your fellow leaseholders are interested in doing this, ask a solicitor for advice, to see if you’re eligible and what it would cost.

Master precedent wording. This is current Lexsure Report on Title material, reproduced exactly. It describes the right in general terms; eligibility depends on the building and the leases. It is not advice about any particular property.

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