The process for obtaining the Right to Manage is set out in the relevant legislation. There is an overview of the process below and we will undertake all the steps necessary to acquire the Right to Manage where the Property Owners have decided to do so.
The first, and possibly most important part of the Right to Manage is obtaining the agreement of the majority of Property Owners. Once there is an indication that there is sufficient interest a company will be incorporated as a vehicle to acquire the right. All those that agree to acquire the Right to Manage will become members of this company, which is how a say in the management is achieved.
The company is limited by guarantee and therefore there is no financial liability associated with being a member of this company. Property Owners may become Directors of the company which will allow a greater deal of involvement in the management of the property.
The next stage is to serve a formal notice on the Freeholder. The Freeholder has the option to allow the right to be acquired or to deny the right. The ability to deny the right is very limited, and usually the Freeholder will either allow the right or not respond, which would mean the right to acquire is obtained.
A Managing Agent will only be permitted to contest the Right to Manage where they are named in the Lease. Again, their ability to contest the right is very limited.
Once the above steps are complete, the Right to Manage will be acquired and the Right to Manage Company will take over the management from a given date.