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Step 1 - Download FREE newsletters, get people interested
Please complete this form with your details
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Tips to check you qualify for the right to manage
You need to pass the physical test:
Physical test
- the block must be a self-contained building or part of a building.
- If it is not detached, 3 sub-tests must be met
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- there must be vertical divisions with the adjoining buildings, minimal deviation may not render your claim invalid – see Finland Street case
- it must be capable of being redeveloped independently and
- if there are shared facilities or services, they must be capable of being provided independently without significant interruption, ie,
(a) identifying the services not provided independently,
(b) Can they provided independently,
(c) if so what works are necessary,
(d) what interruption would this entail,
(e) is this disruption “significant”?
for example, heating, if the boiler house is shared with an adjoining block, your block will not be self contained and capable of RTM - See Oakwood Court case.
- At least 75% of the block must be in residential use. See notes on measurement below.
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Congratulations on deciding to take control of your block and "Claim your Right to Manage"
All you need to do is:
- Fill in your contact details
- Download Newsletter
- Send to all Leaseholders
- get 50% interested & move to step 2
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NOTES ON MEASUREMENT
If measurement is necessary, all common parts must be excluded whether they are areas shared by the flat occupiers or shared with commercial occupiers! The whole of the interior is to be measured without interruption. Balconies demised with the flat and indented into the flat i.e. being at least partially covered and inside the main external walls, can be included in the residential area. Balconies which are cantilevered out from the edge of the building have to be excluded. It has been held that a vacant porter’s flat and under-pavement vaults were to be counted as non-residential.
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