# How to claim the right to manage, step by step > To claim the right to manage, the leaseholders form an RTM company, give every qualifying leaseholder who hasn't joined a notice inviting them to participate, wait at least 14 days, and then serve a claim notice on the landlord once members hold at least half of the flats. The claim notice gives the landlord at least a month to reply and sets a takeover date at least three months after that. If the landlord disputes the claim, the RTM company has two months to ask the tribunal to decide. **Key facts** - In England, the notice of invitation, claim notice and counter-notice must use the prescribed forms (SI 2010/825). - Every notice of invitation must be given at least 14 days before the claim notice. Tribunals apply this strictly. - Members must hold at least half of all the flats (both flats, if there are only two). - The counter-notice date must be at least one month after the claim notice; the acquisition date at least three months after that. - If the claim is disputed, apply to the First-tier Tribunal within two months of the counter-notice, or the claim is treated as withdrawn. This guide follows the law as it stands in England after the changes of **3 March 2025**. Many older guides online describe the old rules on costs and commercial space. 1. **Get organised and check you qualify** Find out who owns every flat. HM Land Registry title registers show each leaseholder's name, the length of their lease, and who owns the freehold. Then check the building meets the four tests in [Does our building qualify?](https://runyourblock.co.uk/guides/right-to-manage/does-our-building-qualify). Talk to your neighbours early. You'll need members holding at least half of all the flats, and you'll need some of them to volunteer as directors. 2. **Ask the landlord for any missing information (optional)** If you need details for the claim notice that you can't get elsewhere, the RTM company can ask the landlord for them. The landlord must reply within 28 days, and the RTM company pays the reasonable costs of answering (s.82). 3. **Form the RTM company** Register it at Companies House as a **private company limited by guarantee**, with a name ending **"RTM Company Limited"**. Its articles are the prescribed model articles, which apply whether or not you adopt them. You'll need at least one director, a registered office address, and identity verification for each director. There's a Companies House fee. 4. **Sign up your members** Every [qualifying leaseholder](https://runyourblock.co.uk/glossary/qualifying-tenant) is entitled to join. Each one applies in writing, and the company enters them in its register of members. Joint owners join together as one member. 5. **Invite everyone who hasn't joined** Give a [notice of invitation to participate](https://runyourblock.co.uk/glossary/notice-of-invitation-to-participate) to every qualifying leaseholder who isn't a member and hasn't agreed to become one. Use the prescribed form. Include a copy of the articles, or say where and when they can be inspected and how to order a copy. Keep proof of how and when each notice was given. Post it to the flat and to any other address you have for owners who don't live there. 6. **Wait at least 14 days** The claim notice can't be given until **at least 14 days after** the last notice of invitation (s.79(2)). Count carefully and add a margin for post: claims have failed because the gap was a day short. 7. **Check your numbers** On the day you serve the claim notice, the members must include the qualifying leaseholders of **at least half of all the flats** in the building. With only two flats, both must be members. 8. **Serve the claim notice** Use the prescribed form. Give it to **every landlord** under the leases, **any other party to the leases** (such as a management company), and **any manager appointed by the tribunal**. Send a **copy to every qualifying leaseholder**, members or not. The notice sets two dates (s.80): - the date by which a **counter-notice** must be given: at least one month after the claim notice is given; - the **acquisition date**: at least three months after the counter-notice date. 9. **Wait for the landlord's reply** The landlord may admit the claim, dispute it with a [counter-notice](https://runyourblock.co.uk/glossary/counter-notice), or not reply at all. No reply means there's no dispute. The landlord and the company each have a right of access to the building on 10 days' notice (s.83). If the counter-notice disputes the claim, the RTM company must apply to the [First-tier Tribunal](https://runyourblock.co.uk/glossary/first-tier-tribunal) **within two months**, or the claim is treated as withdrawn (ss.84, 87). 10. **Prepare to take over** Before the acquisition date, the landlord or its agent must tell contractors about the change and tell you about existing contracts. You can ask for the information you need to manage. Line up buildings insurance, a bank account and your first budget. See [Handover from the old manager](https://runyourblock.co.uk/guides/right-to-manage/handover-from-the-old-manager). ## Mistakes that sink claims - **Cutting the 14-day gap fine.** Tribunals treat it as a strict requirement. - **Missing someone out.** Every qualifying leaseholder must get a notice of invitation (unless they've joined), and every landlord and third party must get the claim notice. - **Old forms or home-made notices.** Use the current prescribed forms from legislation.gov.uk. - **Counting the wrong thing.** The half is of **all flats** in the building, not of the qualifying leaseholders. - **Missing the tribunal deadline** after a disputed counter-notice. Since the Supreme Court's decision in _A1 Properties v Tudor Studios_ (2024), tribunals look at the consequences of a mistake rather than treating every slip as fatal, and minor errors in the particulars don't invalidate a claim notice (s.81(1)). But don't rely on that: timing and service mistakes still cause claims to fail. > **Warning** > > The prescribed English notice of invitation still tells leaseholders that members "may be liable for costs". That describes the law before 3 March 2025. Since then, an RTM company and its members are generally not liable for the landlord's costs unless a tribunal finds the company acted unreasonably. You can explain this in a covering letter. --- This is general information, not legal advice. Every building and lease is different. For free initial advice, contact LEASE (The Leasehold Advisory Service): ## Frequently asked questions ### Do we need a solicitor to claim the right to manage? No, the law doesn't require one, and many leaseholders do it themselves using the prescribed forms. But the rules on forms, timing and service are strict, so many groups pay a specialist claim service or solicitor, especially for mixed-use buildings or if the landlord is likely to dispute the claim. ### Can we use our own version of the claim notice? Not in England. The regulations say the notice of invitation, the claim notice and the counter-notice must be in the prescribed form. Wales has its own forms, which allow 'a form to the like effect'. ### What if we can't find the landlord? If nobody who should receive the claim notice can be found or identified, the RTM company can apply to the First-tier Tribunal for an order instead (s.85). ### Can we withdraw a claim and start again? Yes. The RTM company can withdraw a claim notice at any time before the acquisition date (s.86). Only one claim can be live at a time, so a defective claim must be withdrawn before a new one is served. ## Sources - [Commonhold and Leasehold Reform Act 2002, ss.73–74 (RTM companies and membership)](https://www.legislation.gov.uk/ukpga/2002/15/section/73) - [Commonhold and Leasehold Reform Act 2002, s.78 (notice inviting participation)](https://www.legislation.gov.uk/ukpga/2002/15/section/78) - [Commonhold and Leasehold Reform Act 2002, s.79 (claim notices)](https://www.legislation.gov.uk/ukpga/2002/15/section/79) - [Commonhold and Leasehold Reform Act 2002, s.80 (contents of claim notice)](https://www.legislation.gov.uk/ukpga/2002/15/section/80) - [Commonhold and Leasehold Reform Act 2002, s.82 (right to obtain information)](https://www.legislation.gov.uk/ukpga/2002/15/section/82) - [Commonhold and Leasehold Reform Act 2002, s.84 (counter-notices)](https://www.legislation.gov.uk/ukpga/2002/15/section/84) - [Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010](https://www.legislation.gov.uk/uksi/2010/825/contents) - [RTM Companies (Model Articles) (England) Regulations 2009](https://www.legislation.gov.uk/uksi/2009/2767/contents) - [A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27](https://caselaw.nationalarchives.gov.uk/uksc/2024/27) - [LEASE: Setting up the right to manage](https://www.lease-advice.org/building-management/right-to-manage/setting-up-the-right-to-manage/) ## Related guides - [Does our building qualify for the right to manage?](https://runyourblock.co.uk/guides/right-to-manage/does-our-building-qualify) - [How long does the right to manage take?](https://runyourblock.co.uk/guides/right-to-manage/right-to-manage-timeline) - [How much does the right to manage cost?](https://runyourblock.co.uk/guides/right-to-manage/right-to-manage-costs) - [The RTM acquisition date: what happens on the day and after](https://runyourblock.co.uk/guides/right-to-manage/acquisition-date-and-after) --- Last reviewed 22 October 2026 by Phil, founder. This is general information, not legal advice. For free, independent advice on leasehold law, contact LEASE: https://www.lease-advice.org/ Source: https://runyourblock.co.uk/guides/right-to-manage/how-to-claim-right-to-manage