The Right to Manage (RTM) is a statutory process which allows some Leasehold property owners to take over the management rights of a building. Although claiming the Right to Manage appears relatively simple, there are multiple rules governing the process that make the course more complex than it appears. Scott Cohen Solicitors is very familiar with the ins and outs of the Right to Manage jurisdiction and has acted in a significant proportion of both reported and unreported cases in this area of law. We can therefore provide comprehensive advice and guidance to Managers throughout the Right to Manage process.
Scott Cohen routinely advises upon the effectiveness of Right to Manage claims for a myriad of buildings and developments, from smaller conversions containing a handful of flats to large scale estates with multiple blocks. Through years of experience assessing RTM claims, Scott Cohen has the knowledge base to carry out assessments efficiently and informedly, and to easily identify the common and unusual pitfalls that occur in Right to Manage claims. We can additionally execute the necessary cross-referencing checks to verify whether the multiple steps required by the Legislation have been correctly taken by an RTM Company in writing and serving a Claim Notice.
Where a Manager seeks to challenge a claim notice, Scott Cohen can act on the Managers behalf by serving the appropriate counter notice. Scott Cohen is also adept at conducting any proceedings that may be required if the RTM company challenges the Manager’s counter notice. We have acted in RTM matters before the First Tier Tribunal, Upper Tribunal, Court of Appeal and Supreme Court in a range of cases which have contributed to the framework of the Right to Manage regime.
Scott Cohen can also act on the part of Managers to recover costs incurred in connection with such RTM processes and routinely conducts proceedings both at the First Tier Tribunal and Upper Tribunal in relation to the same at fixed costs for the clients.
Where a company has successfully obtained the Right to Manage, Scott Cohen can assist Managers with the requirements for handover of Service Charge monies and can act in any First Tier Tribunal proceedings to determine those issues. We can supply comprehensive advice as to the effect on Management Obligations and the matters that remain with Managers after conclusion of the Right to Manage, including the issue of consents, breaches, and the complexities of estate services which are not transferred to the Right to Manage Company.
The Right to Mange is an area of law which continues to evolve with new case precedents and legislation. Scott Cohen’s active and continuous involvement within this area enables effective assistance to clients to navigate this process.
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