Ok, so you have a difficult Landlord who disputes your claim.

The good news is that Leaseholders do not need to prove any fault on behalf of the landlord to exercise their Right To Manage.

• errors in the initial application,
• that your block is not a self-contained building,
• any commercial element exceeds 25% of the floor area,
• there are not enough flats owned on long leases.
• the block must be a self-contained building or part of a building.
• If it is not detached, 3 sub-tests must be met
1. there must be vertical divisions with the adjoining buildings, minimal deviation may not render your claim invalid – see Finland Street case
2. it must be capable of being redeveloped independently and
3. if there are shared facilities or services, they must be capable of being provided independently without significant interruption, ie,
1. identifying the services not provided independently,
2. Can they provided independently,
3. if so what works are necessary,
4. what interruption would this entail,
5. 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.

To resist your Right to Manage claim the landlord would need to issue a counter-notice disputing the Right to Manage claim, AND must respond within the period specified in your Claim Notice (4 month period).

If the Right to Manage company receives a Counter-Notice from the landlord it should examine it carefully and, if possible, adjust the initial Claim Notice. If the Claim Notice cannot be adjusted satisfactorily the claim must be abandoned. If the errors was procedoral only, don't worry you can start again.

If the Right to Manage company remains convinced of its entitlement (i.e you believe the building is self contained and reasonably capable of being self managed) then the matter must be resolved by the Leasehold Valuation Tribunal (LVT). The Right to Manage company must apply to the LVT within 2 months of the landlord's Counter Notice or the of RTM claim will be invalid. An LVT application would delay any possible RTM acquisition date by around 3 months. (Under some circumstances it may take longer, depending on LVT caseload backlogs)

• No response / no action
• Issue a Counter-Notice disputing the claim to RTM
• Issue a Counter Notice accepting the claim to RTM

Claim disputed, need advice, representation or help
Call our Solicitor on 08708 999 595