Q&As

Can a landlord concede management of a building to a purported right to manage company which has been incorporated as limited by shares, rather than limited by guarantee?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 07/02/2017

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a landlord concede management of a building to a purported right to manage company which has been incorporated as limited by shares, rather than limited by guarantee?

Can a landlord concede management of a building to a purported right to manage company which has been incorporated as limited by shares, rather than limited by guarantee?

The right to manage (RTM) was established under the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) to allow qualifying long leaseholders to take control of the management of blocks of flats. The aim of these reforms was two-fold; to provide protection to leaseholders against unscrupulous landlords or managing agents, and to empower leaseholders to take responsibility for property in which they commonly had the greater financial interest.

CLRA 2002 sets up a process by which the right to manage can be established. Provided that the necessary formalities are complied with, there is no obligation to obtain the consent of the landlord or a court order; rather, after

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