Find out whether the leaseholders are entitled to exercise Statutory Right to Manage by using the qualification test provided.
Please note that this is not an exhaustive test. Always rely upon a professional eligibility assessment:
(1) Are there at least two flats in the building?
Qualifies for statutory Right to Manage.
Does not qualify for statutory Right to Manage.
(2) At least two-thirds of the flats must be owned by qualifying leaseholders. Qualifying leaseholders are those:
Are two-thirds of flats owned by qualifying leaseholders?
Qualifies for statutory Right to Manage.
Does not qualify for statutory Right to Manage.
(3) Do the flats owned by qualifying leaseholders interested in Right to Manage equate to half (or more) of the total flats in the building? Note that if there are two flats in the building both must participate?
Qualifies for statutory Right to Manage.
Does not qualify for statutory Right to Manage.
(4) Is 75% or more of the overall floor area of the property made up of residential, non-commercial living space?
Qualifies for statutory Right to Manage.
Does not qualify for statutory Right to Manage.
(5) Is the property under a single roof?
Qualifies for statutory Right to Manage.
Does not qualify for statutory Right to Manage. Even if several, separate blocks of flats (each under different roofs) comprise the same freehold estate, they must be treated as separate with respect to Right to Manage. Different Right to Manage claim notices must be served for each block.
(6) Is the immediate landlord/freeholder a local housing authority?
Qualifies for Right to Manage.
Does not qualify for Right to Manage.
(7) Does a resident freeholder own one of the flats? If so:
Qualifies for statutory Right to Manage.
Does not qualify for statutory Right to Manage.
This is not an exhaustive test. You should now obtain a professional assessment as to whether a leaseholder, lease or the property itself, qualifies for statutory Right to Manage.
This is not an exhaustive test. You should now obtain a professional assessment as to whether a leaseholder, lease or the property itself, qualifies for statutory Right to Manage.
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