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The Right to Manage

As a leaseholder, you may have the right to manage the freehold of your home. This means that you're able, if you want, to make your own decisions about the upkeep of common areas in and around your home. This is a relatively new right, that can be found in Part 2 of the Leasehold and Commonhold Reform Act 2002.

You don't need to prove mismanagement or obtain our consent; however, you will need to notify us in writing of your intentions to manage the freehold.

To take on the right to manage, the following conditions must be met:

  • The building must be self-contained and structurally detached from any other building, a block of flats consisting of 2 or more flats and not individual houses.
  • The building must be at least 50% residential. Any commercial space (eg, ground-floor shops) must not exceed 50% of the total floor space.
  • 66% (two thirds) of the building must be leasehold with leases granted for more than 21 years (qualifying tenants).

  • 4) 50% (half) of the leaseholders must consent to the change of freehold management, agree to take part and become members of the right to manage company, or if there are only 2 flats then both leaseholders must take part.

    NB. Shared ownership leases are not eligible

If you meet these conditions, you then need to decide whether you want to introduce another managing agent or form your own management company with other residents in the building.

You, or the managing agent, would be responsible for arranging:

  • Communal cleaning and grounds maintenance.
  • Repairs and major works to the structure of the building and all other common parts.
  • The buildings insurance.
  • Communal utilities.
  • Collection of service charges and accounting/administration work.
  • General day to day management including neighbourhood queries and complying with statutory requirements and lease covenants.
  • Contractual provisions of the leases and the law.

There are various advantages and disadvantages to managing your own freehold but if you would like to receive more information on this, please contact us and ask for the home ownership team or log on to the Legislation.gov.uk website.