FID Trust International

At first you need to recognise that you are not required to obtain the landlord's permission or a court order (to establish any kind of mismanagement by the landlord) to exercise your right to manage. This is not a kind of activity against a bad or an indifferent landlord. I It is enough to give your landlord a formal notice and after 28 days the management is transferred to your RTM company.

Secondary: your landlord has his rights to become a member of your RTM company.

Thirdly: the right is obtainable by a simple but strict process:

  1. Leaseholders incorporate the RTM through the registration at the Companies House.
  2. New formatted RTM inform the landlord by the Right of the Information Notice (according to S82).
  3. RTM awaits for a response from the landlord within 28 days.
  4. Every qualified leaseholder, who are not yet a member of the RTM, including the I landlord, must receive a Notice Inviting Participation (according to S78).
  5. A 14 day cooling period of time must be given to qualified leaseholders after they have received the Notice Inviting Participation (according to S78). People need time to think and make decisions about your proposal to become members of the RTM.

If the Landlord wishes to become an RTM member - RTM has the rights to allocate to his votes according to his holdings and no more.

  1. RTM must issue the Notice of Claim (according to S79) to the landlord. In the Notice of Claim your company states the date for a counter-notice (minimum 1 month from the day of issue of the Notice of Claim). You must give the landlord an additional 3 months (after a counter-notice determination date) for the acquisition date.
  2. RTM issues the Right to Access Notice (according to S83) to the landlord, there you can ask for an inspection and a landlord must respond within 10 days.

Attention: At this point your landlord has the right and may give you a counter-notice (according to S84), where he:

  1. Can accept everything, or
  2. Disagree with all or some of the proposals – his arguments against these must be explained clearly in the counter-notice. If the claim disputes, you must go through a proceeding of the Leasehold Valuation Tribunal. You have 2 months to do this, from the date of receiving the counter-notice.
  1. Landlord is meant to give you 2 notices (according to S92):
    1. Contractor Notice and
    2. Contract Notice with the determination date.
  • RTM issues the Duty to Provide Information Notice to the landlord (according to S93).
  • In 28 days, the landlord makes a response to your Duty to Provide Information Notice.

The acquisition date:

  1. when the landlord agrees with the claim, by issuing a counter-notice, or does not respond to the Notice of Claim (see above no.6);
  2. set by the Leasehold Valuation Tribunal, 3 months after the final date of the Tribunal is resolved;
  3. when the landlord subsequently agrees with the disputes, 3 months after the date of the landlord's agreement.

The transfer of all uncommitted service charges must be done by the landlord on the acquisition date. Landlords can give you a different date of transfer of service charges but they have to be reasonable.

At last, you need to give your landlord a Notice of an Intention, where you grant an approval under the lease for:

  1. parting with possession, sub-letting, assignment, placing a charge, structural alterations or change of use - 30 days;
  2. other approvals - 14 days.

Additional Information:

  1. If you feel that the presented timetable for the activation, plus RTM registration process, can distract you from doing your main job, please call 00207 439 3400 and our Operator will organise all the necessary arrangements.
  2. If you think that the Leasehold Valuation Tribunal will be involved, please call 00207 439 3400 for assistance or contact your solicitor.