Initial Feasibility and Company Creation

The first hurdle is confirming the building qualifies and that you have the required number of participating leaseholders (at least 50% of the flats). Simultaneously, the **RTM Company** must be legally formed and registered at Companies House to serve the claim.

How Rightly Managed Helps:

• We conduct a **full qualification assessment** of your property and leaseholders.
• We handle the **entire RTM company formation process** (including Articles of Association and registration) to ensure it is compliant from day one.

Contacting Fellow Leaseholders

The **Notice Inviting Participation (NIP)** is a mandatory legal requirement served on every qualifying leaseholder who is not already a member of the RTM company. This invites them to join and is critical for ensuring full transparency before the formal claim.

How Rightly Managed Helps:

• We draft the NIP using the **prescribed form and legal wording**.
• We manage the **proof of service** on all parties, creating an unassailable legal record for later reference or dispute.

Due Diligence and Planning

Before formally claiming, it is prudent to understand the current management, service contracts, finances, and maintenance history. You have statutory rights (under Landlord and Tenant legislation and RTM law) to this information, which is essential for creating a new budget and transition plan.

How Rightly Managed Helps:

• We serve the **S82 Right to Information Notice** on the freeholder.
• We guide the RTM board on what contracts, insurance policies, and financial records are required to **draft a sensible, long-term maintenance and budget plan**.

Formal Claim and Setting the Date

The **Notice of Claim (NoC)** is the core legal document that formally asserts the right to manage and sets the **Acquisition Date**. It must contain precise information about the property and participating members, and it cannot be served until at least 14 days after the NIP.

How Rightly Managed Helps:

• We draft the NoC, ensuring all **statutory particulars** (including the lease details and dates) are accurate.
• We manage the service of the notice on the Freeholder, Intermediate Landlords, and any relevant third-party managers, setting the crucial **statutory time limits** in motion.

Responding to the Landlord

The landlord has a defined window (at least one month from the NoC) to serve a **Counter-Notice**. If they object, the grounds for dispute are strictly limited to technical legal criteria (e.g., qualification or company compliance).

If the claim is disputed, the RTM company must apply to the Tribunal within **two months** of the Counter-Notice, or the claim is automatically withdrawn—a major pitfall.

How Rightly Managed Helps:

• We analyze the Counter-Notice and, if necessary, prepare and manage the **full application to the First-tier Tribunal (Property Chamber)**, defending your right to manage.
• We ensure this critical two-month deadline is never missed.

Final Transfer of Responsibility

On the **Acquisition Date**, the right to manage transfers to your RTM Company. The landlord is legally required to hand over all uncommitted service charge funds, relevant documents, keys, and contracts.

How Rightly Managed Helps:

• We issue the final notices (**Duty to Provide Information Notice**) to ensure a smooth transfer.
• We manage the **collection of all funds and documentation** to ensure your new RTM company can commence management without delay or financial disruption.