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Last updated: 9 April 2026
Leaseholders & Directors

Take control of your building.
Without buying the freehold.

Right to Manage lets you take over the management of your building. No purchase price. No negotiation. The freeholder cannot refuse if you meet the legal requirements. But what happens next is where most buildings get it wrong.

Information only. Not legal advice. Building Trust is a technology company, not a law firm. Always take professional advice on your specific situation.

What is RTM RTM vs enfranchisement Getting support Mission & governance The process After you take control With or without an agent
The basics

Right to Manage. What it is and who qualifies.

The Right to Manage was introduced by the Commonhold and Leasehold Reform Act 2002CLRA 2002, Part 2, Chapter 1. Came into force on 30 September 2003. Gives qualifying leaseholders the right to manage without proving fault.. It gives leaseholders the right to take over management of their building. No need to prove the freeholder has done anything wrong. No purchase price.

You qualify if

The building contains at least two or more flatsSection 72, CLRA 2002. The building must be a self-contained building or part of a building, with two or more flats held by qualifying tenants. held by qualifying tenants (long leases, originally 21+ years).

At least 50% of qualifying leaseholders must join the RTM company as members before the claim notice is served.

No more than 25% of the building's internal floor area is non-residential.

You do not qualify if

The building has a resident landlord and contains four or fewer flats (and the landlord occupied before the lease was granted).

An RTM company already manages the building.

The building is part of a larger estate and the management obligations are inseparable from other buildings. This is the common blocker for large estate developments.

Which route

RTM vs collective enfranchisement. Different tools for different problems.

Both give you more control. But they solve different problems and cost very different amounts.

Right to Manage

Cost: Legal fees only. Typically £2,000-£5,000 total.

What you get: Control of management (service charges, maintenance, insurance, contractors). Freeholder keeps ownership.

Ground rent: Still payable to the freeholder.

Development: Freeholder retains development rights (roof, land).

Best when: The main issue is poor management, high service charges, or an unresponsive managing agent.

Collective enfranchisement

Cost: Purchase price + legal + valuation. £10,000-£100,000+ depending on building.

What you get: Full ownership of the freehold. Complete control of building and land.

Ground rent: Eliminated entirely.

Development: Leaseholders own the development rights.

Best when: Ground rent is escalating, there are development opportunities, or you want full long-term control.

Read our enfranchisement guide →
Building the coalition

Getting other leaseholders on side. Lead with the problem they already feel.

You need 50% to join the RTM company. Most people will not respond to a legal summary. They respond to a specific frustration they already have. Pick the trigger that applies to your building.

A big bill is coming and you have no say

A Section 20 consultation lands on the doormat. Major works: roof, windows, communal heating. The bill could be £10,000-£30,000 per flat. The specification was chosen by someone who does not live here and does not pay the bill. With RTM, you choose the contractor, the specification, and the timing.

What to say: "We are about to be asked to pay £X for works we had no input on. If we managed the building ourselves, we would control the scope, the contractor, and the cost."

Service charges keep going up with nothing to show for it

The management fee alone is £2,000+ per flat. The communal areas look tired. Repairs take months. You have asked questions and not received clear answers. Under RTM, you appoint the managing agent (or self-manage), you set the budget, and you see every invoice.

What to say: "We pay £X a year in service charges. We can check if that is reasonable and, if it is not, take control of how the money is spent."

The managing agent is not doing the job

Calls go unanswered. The building is not maintained. Compliance deadlines are being missed. Fire risk assessments are out of date. The managing agent works for the freeholder, not for you. With RTM, you choose the managing agent, and you can replace them if they underperform.

What to say: "The current managing agent is appointed by the freeholder. We cannot remove them. Under Right to Manage, we can."

You just want a say in how your building is run

No dramatic failure. Just the sense that decisions are being made about your home by people who have never set foot in it. RTM gives you a seat at the table. You run the building the way you want it run.

What to say: "This is our home. We should decide how it is looked after."

How to approach the conversation

Start small. Find 2-3 people who already share the frustration. Build momentum before approaching everyone.

Use the service charge calculator. Run each neighbour's numbers through our Service Charge Calculator. "Your charge is 35% above the benchmark" is more persuasive than "I think it is too much."

Be honest about what changes. RTM means control, but it also means responsibility. Directors carry personal liability. Be upfront about this.

Put a one-pager through the door. Name the problem, the cost, and the next step. Keep it to one side of A4. People need time to think.

Offer to do the work. Most people will support RTM if someone else runs the process. That person is you.

LEASE-iQ prompt
Based on my lease, what is the current service charge structure, who controls it, what management fees are specified, what are the freeholder's maintenance obligations, and what restrictions are placed on leaseholders? I want to use this information to explain to other leaseholders why we should consider Right to Manage.
Open LEASE-iQ →
Before you start

Agree the mission before you agree the process. Mixing money and homes gets toxic fast.

Most RTM failures happen not because of the legal process, but because the directors never agreed what they were trying to achieve. Get this right first. Write it down. Everything else flows from it.

Your north star

Every decision the board makes should pass one test: does this maximise the long-term value of our properties while keeping service charges as low as possible, consistent with full legal compliance and no surprise bills?

Maximise value

The building should be well-maintained, compliant, and attractive to buyers and lenders. Every pound spent on maintenance protects the value of every flat.

Minimal charges

Service charges should cover compliance and proper maintenance. Nothing more. No gold-plating, no hidden fees, no inflated management costs.

No surprises

A properly funded reserve (sinking fund) means no emergency levies. Plan for the roof, the windows, the lift. Budget over 10-20 years, not year to year.

Get the governance right on day one
Appoint a lead director

Someone needs to be the point of contact, the person who chases contractors, checks deadlines, and calls board meetings. This does not mean they make all the decisions. It means they make sure decisions get made. Without a lead, everything drifts.

Separate the money from the opinions

The person who authorises payments should not be the same person who selects the contractor. Dual-signatory bank accounts are non-negotiable. Publish the accounts to all leaseholders every year. Transparency prevents suspicion. Suspicion destroys buildings.

Write it down before you disagree

Agree a simple terms of reference: how decisions are made (majority vote at board meetings), what requires an AGM resolution (anything over a threshold, say £5,000 per unit), how complaints are handled, and who can authorise emergency spending. Write this down before you need it. Trying to agree process in the middle of a dispute is impossible.

Directors are fiduciaries, not residents with opinions

Once you are a director, you have a legal duty to act in the interest of the company (which means all leaseholders), not just yourself. Your flat is on the ground floor and the roof does not affect you? You still have a duty to maintain it. Understanding this distinction early prevents most governance failures.

Plan for when people leave

Directors sell their flats. People lose interest. The lead director burns out. Plan for succession from the start: at least 3 directors, documented procedures so anyone can pick up, and everything in a system rather than in someone's inbox. BLOCK-iQ exists precisely because of this problem.

From experience: At Hafer Road, we wrote our north star and governance terms before we started managing the building. It has prevented every potential conflict since. When someone pushes for gold-plated landscaping or objects to a necessary repair, the answer is always: "Does this align with our agreed mission?" It depersonalises every decision.

The legal process

Six steps from first conversation to taking control.

The whole process typically takes 4-6 months. The freeholder cannot refuse if you meet the statutory requirements. They can only challenge on technical grounds.

1

Form the RTM company

Register a private company limited by guarantee at Companies House. The company must have "RTM" in its name. The memorandum and articles must comply with the RTM Companies (Model Articles) (England) Regulations 2009SI 2009/2767. Sets out the model articles that an RTM company must adopt or substantially follow.. Cost: £12 online at Companies House. A solicitor can do this for you as part of the RTM claim.

2

Get 50% of qualifying leaseholders to join

Each qualifying leaseholder who wants to participate must become a member of the RTM company. This is a simple written notice. You need at least 50% before you can serve the claim notice. More is better. Check who owns each flat via Land RegistryHM Land Registry. Download title registers at £3 each to confirm ownership and qualifying status. (£3 per title).

3

Serve the Notice of Invitation to Participate

Before serving the claim notice, you must invite all qualifying leaseholders (not just those who have joined) to participate. This notice must give at least 14 daysSection 78, CLRA 2002. The notice inviting participation must allow at least 14 days for response. for responses. Anyone who joins after this stage still counts toward your 50%.

4

Serve the Claim Notice on the freeholder

The formal claim notice must follow the prescribed formSection 79, CLRA 2002. The claim notice must specify the RTM company, list the participating leaseholders, and give a date on which the RTM company proposes to acquire management (not less than one month after the counter-notice date).. It sets out the RTM company details, the participating members, and the proposed date for taking over management. This is the point of no return. Get a solicitor to draft it.

5

Wait for the counter-notice

The freeholder has one monthSection 84, CLRA 2002. The landlord may give a counter-notice within one month of receiving the claim notice. If no counter-notice is given, the RTM company acquires management on the date specified. to respond. They can either accept (or not respond, which counts as acceptance) or serve a counter-notice disputing the claim. Common grounds for dispute: the building does not qualify, the notice is technically defective, or the 50% threshold was not met. If disputed, either side can apply to the First-tier TribunalThe Property Chamber of the First-tier Tribunal determines RTM disputes. No cost risk for the RTM company unless it acts unreasonably..

6

Take over management

On the acquisition date, the RTM company assumes all management functions. The former manager must hand over records, accounts, keys, contracts, and insurance documents. You are now responsible for running the building. This is where the real work begins.

Budget tip: Legal fees for the RTM process typically run £2,000-£5,000 split across participating leaseholders. For a 16-unit building with 10 participants, that is £200-£500 each. The freeholder cannot recover their costs from you unless the claim goes to tribunal and is found to be unreasonable.

After you take control

You have RTM. Now you are personally responsible for all of this.

This is the part most guides skip. Taking control feels like a win. But from day one, the directors of the RTM company carry personal liability for 21 statutory compliance obligations. Here is what needs to be in place.

Urgent: do these in the first 30 days
🔴
Buildings insurance

Confirm the existing policy transfers or arrange new cover immediately. The building must be insured at all times. Check the rebuild valuation is current (within 3 years). If there is a gap in cover, directors are personally liable for any claim.

🔴
Fire risk assessment

Obtain a copy from the outgoing manager. If it is expired or does not exist, commission one immediately from a BAFE-registered assessor. Required under the Regulatory Reform (Fire Safety) Order 2005. Criminal offence to operate without one. Budget: £300-£600.

🔴
Asbestos management survey

If the building was built before 2000, you need an asbestos management survey and plan for all communal areas. Required under the Control of Asbestos Regulations 2012. Commission a UKAS-accredited surveyor. Budget: £200-£500. Re-inspect annually.

🔴
PEEPs (Personal Emergency Evacuation Plans)

Mandatory from 6 April 2026 under the Fire Safety (England) Regulations 2022. Write to all residents asking if anyone needs evacuation assistance. Create individual plans for those who do. Keep on file and review annually.

🔴
Collect all records from the outgoing manager

Accounts, contracts, insurance policies, keys, access codes, contractor details, compliance certificates, service charge accounts, sinking fund balances, and leaseholder contact information. Document what you receive and what is missing.

Important: set up within 90 days
🟠
Companies House filings

Your RTM company is a limited company. You must file a confirmation statement annually (£13) and accounts on time. Appoint directors formally. Late filing: automatic fines (£150-£1,500). Persistent non-compliance: strike-off and criminal prosecution of directors.

🟠
Service charge budget and demands

Set the first year's budget. Issue service charge demands with the prescribed summary of rights and obligations (Section 21B, Landlord and Tenant Act 1985). Without this summary, your demands are not enforceable. Send accounts within 6 months of your year end.

🟠
Bank account and financial controls

Open a dedicated bank account in the RTM company name. Set up dual-signatory controls. Transfer the sinking fund balance from the outgoing manager. Keep service charge money separate from any other funds. This is leaseholder money held on trust.

🟠
ICO registration

If you process personal data (and you will: names, addresses, contact details), you must register with the Information Commissioner's Office. Fee: £40/year for most small organisations. Failure to register is a criminal offence.

🟠
Health and safety risk assessment

Beyond fire safety, you need a general health and safety risk assessment for communal areas. Slips, trips, falls, lighting, handrails, electrical safety. Review and update annually. Document everything.

Ongoing: get these systems in place
🟢
Compliance calendar

Track every deadline: insurance renewal, fire risk assessment review, Companies House filings, service charge accounts, electrical safety certificates (every 5 years), gas safety (annual if communal), lift inspections (6-monthly). One missed deadline can mean personal liability.

🟢
Section 20 consultation process

For any works costing more than £250 per leaseholder, or long-term agreements over £100/year per leaseholder, you must follow the three-stage consultation process. Miss a stage and you can only recover £250 per flat regardless of actual cost.

🟢
Leaseholder communication

AGM (required annually for most RTM companies). Regular updates on building matters. A process for handling complaints. Transparent accounts. The leaseholders gave you this responsibility. Keep them informed.

🟢
Document everything

Board meeting minutes, financial decisions, contractor agreements, compliance certificates, risk assessments, leaseholder correspondence. If it is not documented, it did not happen. At tribunal, evidence is everything.

BLOCK-iQ tracks all 21 obligations automatically.

Compliance calendar, document storage, automated reminders, and a dashboard your whole board can see. Built by a director who went through this at Hafer Road.

See how BLOCK-iQ works →
The decision

Appoint a managing agent? Or self-manage?

RTM gives you the choice. Both routes work. But the decision affects your time commitment, your costs, and your liability exposure.

Appoint a managing agent

Pro: They handle day-to-day operations, contractor management, and accounts. Less time for directors.

Pro: Professional expertise on compliance, Section 20, and building management.

Con: Cost. £250-£750 per unit per yearBlock management fees vary widely. RICS-compliant agents typically charge £250-£500 per unit outside London. In London, fees of £400-£750+ per unit are common, particularly for smaller blocks where minimum fees (often £2,000-£3,000 p.a.) are spread across fewer flats. Block Management Company and Ringley Group. All figures exclude VAT., depending on location and building size. Smaller blocks in London pay the most per unit because agents apply minimum fees. For a 16-unit building, budget £5,000-£10,000 per year.

Con: You still carry personal liability as directors. The agent works for you, but the obligations are yours.

Best for: Buildings with 20+ units, complex mechanical systems, or directors with limited time.

Self-manage

Pro: No management fee. The saving goes straight back to leaseholders.

Pro: Direct control. No intermediary. Faster decisions, better contractor relationships.

Con: Time. Someone needs to manage contractors, accounts, compliance, and resident queries.

Con: Knowledge gap. Directors need to understand their legal obligations or risk personal liability.

Best for: Smaller buildings (8-20 units) with engaged directors who have time and are willing to learn.

We self-manage a 16-unit SoF building in Battersea. Happy to talk about how it works.

2,600+ hours of real management experience. We built BLOCK-iQ because we needed it ourselves.

Email us →
Before you start

Check your lease before you approach anyone.

Your lease will tell you the current management structure, service charge arrangements, and obligations. LEASE-iQ can extract the key facts you need in 60 seconds.

LEASE-iQ prompt: understand your management structure
Who is responsible for managing my building under the lease? What management fees can the freeholder or managing agent charge? What are the service charge provisions and what can be recovered? What are the freeholder's repairing and maintenance obligations versus mine as leaseholder? Is there a sinking fund or reserve fund provision?
Open LEASE-iQ →
LEASE-iQ prompt: build your case for RTM
Based on my lease, create a simple one-page summary I can share with other leaseholders to build support for Right to Manage. Include: who currently controls the service charge and what they can charge, the management fee provisions, what restrictions the lease places on leaseholders, and what would change if we exercised RTM. Write it in plain English, not legal language.
Open LEASE-iQ →

Not sure where you stand? Talk to us.

Setting up an RTM company takes coordination. We did it at Hafer Road and are happy to share what actually works.

Email us →

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