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About: Right to Manage: Further Detail

 

[1] Disbursements are payments you must make to third parties that we help you organise such as company formation agents fees to form the RTM company and Land Registry fees to obtain copy documents such as your title and lease and to register dealings. So we collect these monies from you and pay them on.

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[2] Exclusions:

  • Where the flat lease falls outside the primary definition of a “long lease” being one granted for a term exceeding 21 years i.e. is held within a lease of a larger area i.e. lease of building.  We can provide a fee estimate for this.
  • Tribunal/court proceedings related work as these proceedings are only sometimes required/relevant i.e. to determinate qualification/enforce/determine landlord’s costs. Where they bear fruit at an early stage the costs incurred dealing with proceedings may be small and vice versa.  If for example the determination of qualification went as far as a final hearing then you would need to be represented by a barrister at separate cost.  Our work for dealing with the Court/Tribunal’s directions prior to a hearing is charged on a time cost basis.  We would provide estimates for these if it became relevant.
  • Advice as to information that should be requested.
  • Claims involving a missing landlord.  We can provide a fee estimate for this.
  • Complex title ie split reversion.
  • Surveyor’s and other technical advice required to conclusively determine whether a part of a building is self contained.
  • Advice as to managing agent to appoint and terms.
  • Multiple leases of flat and/or other parts i.e. garage, garden, yard.  We can provide a fee estimate for this.
  • Where we are conflicted i.e. where we act for your landlord.
  • Documenting agreement as to management of appurtenant premises.
  • Advice as to voting rights. We can provide a fee estimate to deal with this on a time spent basis.
  • Providing advice about the RTM company; our corporate team can provide this at separate cost on request.
  • Flat lease granted without landlord’s consent.
  • Service charge/uncommitted service charge fund disputes; we can provide a fee estimate to deal with this on a time spent basis.
  • Appointing a managing agent, advice on agreements with them,  contractors and employees. we can provide a fee estimate to deal with this on a time spent basis.

Our fee is based on there being a central point of instructions for the participants and so absent that fees will be based on time spent.