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Right to Manage v Appointment of Manager

RTM gives leaseholder-controlled management. Appointment of manager gives tribunal-appointed management. Understanding which route suits your situation.

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RTM vs Appointment of Manager

Both routes change building management, but they work differently.

Right to Manage: Leaseholders take over management by forming an RTM company. No need to prove the current management is defective.

Appointment of manager (Section 24): The First-tier Tribunal appoints a professional manager to replace the current managing agent or landlord. Leaseholders must usually prove management failure.

RTM Does Not Require Proving Fault

Right to Manage is a no-fault process. Leaseholders do not need to prove the current managing agent or landlord is defective.

If the building qualifies and the statutory process is followed correctly, RTM succeeds regardless of current management quality.

Appointment of Manager Requires Evidence

To obtain appointment of a manager under Section 24, leaseholders usually need to prove the landlord or managing agent has failed in their management duties.

This requires evidence of breaches, poor service, excessive charges or management failure.

Who Controls Management?

RTM: The RTM company (controlled by leaseholders) manages the building or appoints a managing agent of their choice.

Appointed manager: The tribunal appoints a professional manager. Leaseholders do not control this appointment.

When RTM May Be Better

When Appointment of Manager May Be Better

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