The RTM process, step by step
A typical RTM claim takes four to six months from first conversation to taking over management. Here is the full journey under the Commonhold & Leasehold Reform Act 2002.
- 1
Check your building qualifies
RTM is a no-fault right under the Commonhold & Leasehold Reform Act 2002 — you don't need to prove bad management, but the building must meet statutory criteria.
- The building must contain at least two flats.
- At least two-thirds of the flats must be let to qualifying tenants (long leases originally granted for more than 21 years).
- No more than 25% of the internal floor area (excluding common parts) may be non-residential.
- Converted buildings with four or fewer flats are exempt if the freeholder or an adult family member lives there.
- 2
Gauge interest and gather participants
Speak to your fellow leaseholders early. Membership of the RTM company must include at least half of the qualifying tenants before a claim can be served.
- If there are only two qualifying tenants, both must participate.
- Keep a simple record of who is interested, committed, and undecided.
- Agree early who will act as directors of the RTM company and how costs will be shared.
- 3
Set up the RTM company
The claim is made by a dedicated RTM company limited by guarantee, registered at Companies House with prescribed articles of association.
- The company name must end with "RTM Company Limited".
- Use the prescribed articles set out in the RTM Companies (Model Articles) (England) Regulations 2009.
- Every qualifying tenant is entitled to be a member; the landlord also has a right to membership once RTM is acquired.
- 4
Serve the claim notice
The RTM company serves a formal claim notice (section 79) on the freeholder and any management party, stating when it intends to take over management.
- Before the claim, a notice inviting participation must be served on all qualifying tenants who haven't joined.
- The claim notice must give the landlord at least one month to respond with a counter-notice.
- The acquisition date stated must be at least three months after the counter-notice deadline.
- Errors in notices are a common cause of failed claims — check the prescribed forms carefully.
- 5
Handle any counter-notice
The landlord may serve a counter-notice (section 84) disputing the claim — usually on eligibility grounds.
- If no counter-notice is served in time, the right is acquired automatically.
- If the claim is disputed, the RTM company can apply to the First-tier Tribunal (Property Chamber) for a determination.
- The RTM company is liable for the landlord's reasonable costs of the claim (but not tribunal costs if it wins).
- 6
Acquire management on the determination date
On the acquisition date the RTM company takes over the landlord's management functions — repairs, maintenance, insurance, and service charges.
- The landlord must hand over uncommitted service charge funds.
- Management functions transfer, but the freehold itself does not — ground rent remains payable.
- Approvals under leases (e.g. alterations, subletting) are handled by the RTM company, with notice to the landlord.
- 7
Transition into management
Line up the practical handover before the acquisition date so the building never goes unmanaged.
- Arrange buildings insurance from day one — cover must not lapse.
- Review and novate or replace existing maintenance and service contracts.
- Open a bank account for service charges and set the first budget.
- Collect records: service charge accounts, leases, compliance certificates, contractor details.
Not sure whether your building qualifies? Start with step one.
Check eligibility