Right to Manage: Law and Practice

Conveyancing / Tenancy / Land › Others › B20_AprJun2026

Right to Manage: Law and Practice

Edited by Piers Harrison · Harriet Holmes · Swita Kothari · Eleanor Murray · Hugh Rowan
Wildy, Simmonds and Hill Publishing March 2026

Specifications

ISBN-13
9780854903122
Publisher
Wildy, Simmonds and Hill Publishing
Publication
March 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

The Right to Manage (RTM) regime has become an increasingly popular mechanism for leaseholders seeking more autonomy over the management of their homes. However, the process is not without legal and practical complexity. A strict set of statutory requirements governs eligibility, company formation, notice, notice procedures, dispute resolution and handover of management functions, and there are numerous traps for the unwary.

This new book provides comprehensive, practical coverage of the RTM regime and sets out the relevant steps taken in the process when exercising the right. It identifies the relevant pitfalls, providing a user-friendly guide to effective navigation of the process.

Fully up to date, the book examines the Leasehold and Freehold Reform Act 2024 which impacts the cost regime and eligibility criteria for qualifying buildings, providing a practical, accessible guide to the whole statutory process. The book also includes coverage of significant recent cases such as: Avon Freeholds Ltd v Cresta Court E RTM Co Ltd [2025] EWCA Civ 1016 (on the validity of notices); FirstPort Property Services Ltd v Settlers Court RTM Company Ltd [2022] UKSC 27 1 (on the extent of property subject to the right to manage); and 56 Westbourne Terrace RTM Company Limited v Polturak [2025] UKUT 88 (LC) (Upper Tribunal exercising the jurisdiction to vary long leases under section 35(2)(e) of the Landlord and Tenant Act 1987, varying a lease to allow an RTM company to recover legal costs of service charge proceedings against defaulting leaseholders).

Table of Contents

Table of Cases
Table of Statutes
Table of Statutory Instruments

1 Introduction
Law reform
Notices

2 RTM Companies, Membership and Governance
Summary
RTM companies
Articles of association
Voting rights

3 Qualifying for the Right to Manage
Summary
Qualifying conditions
Multiple premises
Appurtenant property
Premises excluded from the right to manage

4 Claiming the Right to Manage – Giving Notice
Summary
Participation in the right Schedule
Who must be served with notice of invitation to participate?
Validity of notices
Consequence of failure to serve notice of invitation to participate
Form and content of the notice of invitation to participate
Preparation and service of the notice of invitation to participate
Omissions or mistakes in the notice of invitation to participate
Statutory saving provisions: notice of invitation to participate
Serving fresh notices of invitation to participate
Right to obtain information
Commencing a claim by serving a claim notice
When can the claim notice be served?
To whom must the claim notice be given?
Form and content of the claim notice
Premises and appurtenant property
Multiple premises
Counter-notice
Service of the claim notice
Who can sign the claim notice?
When is the claim notice given?
Inaccuracies in the claim notice
Consequence of service of the claim notice
Is it necessary to withdraw an invalid claim notice?
Commencement date for acquisition

5 Procedure Following Service of the Claim Notice
Summary
Right of access
Contractor notices and contract notices
Existing management sub-contract(s)
Errors relating to contractor and contract notices
The counter-notice

6 Applications to the Tribunal, Withdrawal and Costs
Summary
Section 84(3) of the CLRA 2002 – applications following a
challenge to the entitlement to the right to manage
The application to the Tribunal
Withdrawal of a claim notice
Costs of the application to acquire the right to manage

7 Acquisition and Handover
Summary
Manner of acquisition
Acquisition date
Registration of the right to manage
Transfer of the management responsibility
The duty to provide information
The duty to pay accrued uncommitted service charges
Consequences of historic breach of covenants on acquisiton

8 Exercise of the Right to Manage
Summary
Transfer of management functions
Exceptions
Short leases
Enforcement of tenant covenants
Untransferred covenants
Functions relating to approvals
Landlord contributions to service charges in respect of
excluded units
Building Safety Act 2022
Liability of the landlord and the RTM company under other
statutes
Lease variation to permit cost recovery

9 Cessation of the Right to Manage
Summary
Cessation by agreement
Cessation on winding up, etc of the RTM company
Cessation on the appointment of a manager under the Landlord and Tenant Act 1987
Cessation on the RTM company ceasing to be an RTM company

Appendices
The Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010 (SI 2010/825)
The Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011 (SI 2011/2684)
The Commonhold and Leasehold Reform Act 2002 (Extracts)
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