To start you need to set up a Right to Manage Company, always take advise from a solicitors to ensure the Company is set up correctly.
Once the Right to Manage Company has been set up all leaseholders will be served with a notice in a prescribed form which requests the leaseholders to join the company if they want to. Not all Company members have to join the Company but all do have the right to. Company members must include at least half of the flats.
14 days later the claim can proceed and the Right to Manage Company can serve a claim on the landlord who has a month to serve a counter notice. The claim needs to specify when it intends to take over the management.
If the landlord denies that the RTM can exercise the Right to Manage, the claim can be taken to a First-tier Tribunal (FTT) to decide.
If the Company has received a counter notice from the landlord and does not apply to the FTT, the claim will be deemed to have been withdrawn.
From the date you have obtained your Right to Manage, existing contracts can be taken over by the RTM company or choose to change to their own suppliers if they prefer.
Any landlords options under the lease become the responsibility of the Right to Manage Company, it cannot give approval without giving 14 days notice to the landlord, or 30 days for approvals on subletting, structural changes or change of use.
