The Right to Manage has given leaseholders the means to take control of their building for more than twenty years. However, updates to those rights in the last few years are important for leaseholders to understand.
We have previously provided information on how this works and rights, including in our Leaseholder’s Guide to Right to Manage. The basic idea has not changed; you and your fellow leaseholders set up your own RTM company and take over the management of your building, without buying the freehold and without having to prove the landlord has done anything wrong.
What has changed are the details around it, and most of these work in the leaseholder’s favour. Over the last few years, two reforms have made it easier to make a claim and the circumstances in which a claim can be made. If you were considering Right to Manage a few years ago but concluded it was not for you, it may be time to reconsider your options.
More Mixed-Use Buildings Now Qualify
To qualify for Right to Manage, your building has always had to be mostly residential. The sticking point for many buildings was the limit on commercial space. Until recently, no more than 25% of the internal floor area could be devoted to shops, offices, or other non-residential use. If the building went over that, you would not be able to make a claim.
Since March 2025, that limit has doubled to 50%. In practice, that could mean a large number of buildings are now eligible for a Right to Manage claim. For example, a block of flats you see on any high street, a parade of shops with two or three floors of flats above. Prior to the change in qualifying rules, plenty of those sat just above the old 25% threshold and had no route to taking over their own management. Many of those may now qualify for a claim.
If you live in a building with commercial units on the ground floor and assumed the Right to Manage was unavailable, it is worth checking again. The maths may now be in your favour.
The Cost of Making a Claim Has Been Reduced
Another significant change concerns the cost of making a claim. Under the older rules (pre-March 2025), the leaseholders or the RTM company bringing the claim were usually responsible for the freeholder’s “reasonable” non-litigation costs for dealing with it. That was true even when the claim succeeded and could incur costs such as the landlord’s legal fees, surveyor costs, and professional expenses incurred while dealing with the claim. For many leaseholders, that financial risk alone was enough to put them off starting.
Since March 2025, section 49 of the Leasehold and Freehold Reform Act 2024 has completely abolished that rule. In most cases, each side now bears its own costs, and a freeholder cannot pass their costs back to you through the service charge. It is a significant shift. Taking over management is now a far less expensive prospect than it was, and the financial risk of getting into a dispute with the freeholder is much lower.
More Leasehold Reforms are on the Way
The government has made clear that leasehold reform is not finished. A draft Bill was published in early 2026, and ministers have spoken about a longer-term ambition to move away from the leasehold system altogether and towards commonhold ownership. Read our earlier blog, What Do the Latest Announcements on Ground Rent Rules Mean for Leaseholders?, for more information.
None of this removes the Right to Manage as it stands today, and the bigger reforms are still some way off and subject to change. But the direction of travel is firmly towards giving leaseholders more control over their homes. If you are weighing up a claim, the current law already provides a workable route, and the wider picture is only moving one way.
Because this area is still shifting, it is sensible to check the up-to-date position before you commit, rather than relying on what the rules were a year or two ago.
How Do I Make a Right to Manage Claim?
You must serve a legal notice on the freeholder or the current management company to initiate the process. However, you must initially set up your own RTM company, and every leaseholder should be invited to become a member. The law also requires that at least 50% of the flats must participate.
The notice will provide a four-month window for management to transfer to the RTM company. Upon serving this legal notice, the transfer of management is automatic. If successful, the freeholder will still own the building, but you will manage it and be responsible for things like:
- collecting and managing the service charge
- upkeep of communal areas (such as communal hallways and stairs)
- upkeep of the structure of the building (such as the roof)
- dealing with complaints about the building from other leaseholders
Is Now a Good Time to Make a Claim?
For many buildings, the answer is yes. A wider pool of buildings qualifies, the cost risk has dropped, and the law is on your side. The main thing to be realistic about is that taking over management means taking on responsibility. Someone has to run the company and oversee the work, although most RTM companies appoint a managing agent to handle the day-to-day.
It is also worth being clear about what you actually want. If your real aim is to own the building outright rather than just manage it, collective enfranchisement may be the better route. The two are easy to confuse, and the right choice depends on your goals, your building, and your leases.
Right to Manage Solicitors in Kingston Upon Thames
At Rose & Rose, our property and dispute resolution teams have specialist knowledge of the Right to Manage process and the wider law around leasehold and enfranchisement. We can tell you quickly whether the recent changes mean your building now qualifies, guide you through the notices and deadlines, and help you avoid the mistakes that so often send claims back to the start.
We explain things in plain language, without the jargon, so you can make an informed decision about how to proceed. Whether you are revisiting the idea after the latest reforms or starting from scratch, we are here to help.
This is a complex area of the law and requires expert advice. Please contact a member of our team below or email info@roselegal.co.uk for an initial consultation to discuss the best way forward for you, and we will provide you with further and specific advice tailored to your circumstances.
Our experienced and understanding team are here to help you. We will work with you to ensure the best possible outcome.
Read our previous article, answering your frequently asked questions about Leasehold & Collective Enfranchisement here.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors
