Right to Manage Case Studies

Case Study 1: 28-Flat Victorian Conversion, South London

Building Type: Victorian mansion block converted to residential flats in the 1980s

Number of Flats: 28 qualifying long leasehold flats

Commercial Space: None

Key Issues: Excessive service charges, poor building maintenance, unresponsive managing agent

RTM Process:

• RTM company formed by five leaseholder directors
• Eligibility confirmed: 28/28 qualifying tenants, 18 leaseholders participated (64%)
• Section 78 invitation notice served to all leaseholders
• Section 79 claim notice served after 14-day period
• Freeholder did not serve counter-notice
• Acquisition date reached 3 months after claim notice

Outcome: RTM company took management control on acquisition date. New managing agent appointed. Service charge transparency improved. Building maintenance programme implemented within first year.

Total Timeline: 5 months from company formation to acquisition date

Case Study 2: 12-Flat Purpose-Built Block, Manchester

Building Type: Purpose-built apartment block constructed in 2005

Number of Flats: 12 qualifying long leasehold flats

Commercial Space: None

Key Issues: Building insurance premiums increased significantly, managing agent non-responsive to leaseholder queries

RTM Process:

• RTM company formed by three leaseholder directors
• Eligibility confirmed: 12/12 qualifying tenants, 8 leaseholders participated (67%)
• Section 78 and Section 79 notices professionally prepared and served
• Freeholder acknowledged receipt but did not object
• Smooth handover on acquisition date

Outcome: RTM company obtained competitive insurance quotes and reduced premiums by 40%. Direct relationship with managing agent established. Quarterly financial reporting introduced.

Total Timeline: 4 months from initial discussions to acquisition date

Case Study 3: 45-Flat Mixed-Use Development, Bristol

Building Type: Modern mixed-use development with ground-floor retail units

Number of Flats: 45 qualifying long leasehold flats across 5 floors

Commercial Space: 3 retail units on ground floor (approximately 35% of internal floor area)

Key Issues: Service charge disputes, lack of building maintenance planning, poor communication from freeholder's agent

RTM Process:

• Initial concern that commercial space might exceed 50% threshold
• Professional floor area measurement confirmed 65% residential use
• RTM company formed by six leaseholder directors
• Eligibility confirmed: 45/45 qualifying tenants, 28 leaseholders participated (62%)
• Section 78 and Section 79 notices served with detailed building description
• Freeholder did not serve counter-notice

Outcome: RTM company now manages residential service charges and building maintenance. Commercial units remain freeholder-managed. Clearer cost allocation between residential and commercial areas. Long-term maintenance plan developed.

Total Timeline: 6 months including floor area verification and company formation

Case Study 4: 8-Flat Converted House, Brighton

Building Type: Large Edwardian house converted to 8 self-contained flats

Number of Flats: 8 qualifying long leasehold flats

Commercial Space: None

Key Issues: Freeholder-appointed managing agent rarely visited property, emergency repairs delayed, annual service charge statements unclear

RTM Process:

• Small building required only 4 leaseholders to participate (50% threshold)
• RTM company formed by four leaseholder directors
• Eligibility confirmed: 8/8 qualifying tenants, 5 leaseholders participated (63%)
• Section 78 invitation notice and Section 79 claim notice prepared with legal review
• Freeholder acknowledged notices but did not object
• Straightforward handover on acquisition date

Outcome: RTM company directly manages the building with minimal managing agent involvement. Responsive maintenance arrangements established. Clear financial controls and reserve fund planning implemented.

Total Timeline: 4 months from initial leaseholder meeting to acquisition date

Common Success Factors

These case studies demonstrate several common elements in successful, non-contested RTM claims:

• Proper eligibility verification before starting the claim
• Correct RTM company formation with compliant articles
• Accurate building descriptions and floor area calculations (for mixed-use buildings)
• Sufficient leaseholder participation above minimum thresholds
• Professionally prepared statutory notices with correct service
• Clear communication with all leaseholders throughout the process
• Realistic expectations about timelines and costs

When RTM claims are properly prepared with attention to statutory requirements, freeholders rarely object because they recognise the claim will succeed. The vast majority of RTM claims complete without tribunal proceedings.