Frequently Asked Questions
For a good basic grounding of RTM, see the Government’s Leasehold Advisory Service’s excellent RTM guide here: https://www.lease-advice.org/advice-guide/right-manage/
Other questions that may come up:
Q. Do shared ownership Flats qualify?
A. Yes, if the owners have a lease longer than 21 years. The percentage of staircasing is irrelevant.
Q. Can you explain the terminology used in Leasehold?
A. Yes, if you own a leasehold Flat, then you are the tenant of the landlord for the purpose of the 2002 Act.
If there is a Head lease, then you are the tenant’s tenant. If you lease out your flat, the tenant renter will be the tenant’s tenant’s tenant.
Q. We understand Leasehold Doctors costs are fixed, but what about the landlord (freeholder)costs?
A. Landlord costs very widely, largely dependent on the landlord’s attitude. Some landlords will ignore an RTM Claim, or review it internally, in which case the cost may be minimal or nothing. Other landlords will use top central London solicitors and spend as much time as possible reviewing documentation. Typical costs vary from 0 to 4,000 without any Tribunal involvement.
Q. Do Flats owned by a head lessor with no leases qualify as tenants?
A. Yes, the landlord can be a tenant.
Q. After RTM, do we need to invite the landlord?
A. After RTM acquisition the landlord has the right to become a member, but you don’t have to proactively invite him or her.
Q. After RTM do we need to have the landlord on the building insurance policy?
A. There is no legal requirement to do so, the leaseholder is free to obtain his or her own insurance at their own cost.