In September 2026, I appeared before the First-tier Tribunal (Property Chamber) in a contested Right to Manage (RTM) application concerning a converted residential building in North London. The case involved two issues that frequently arise in RTM disputes: the validity of service of the Claim Notice and the potential application of the resident landlord exemption under the Commonhold and Leasehold Reform Act 2002.
The leaseholders had formed an RTM company and served a Claim Notice asserting that the right to manage had arisen. The freeholders disputed the claim on the basis that the notice had not been validly served on all joint landlords as required by section 79 of the 2002 Act. They also argued that the building was exempt from the RTM regime because it was a converted house containing four flats, one of which had been occupied as the principal home of an adult family member of the freeholders for the requisite period.
The Tribunal considered evidence and submissions from both sides. The case required detailed examination of the statutory framework, the history and configuration of the building, and the occupation of the units. These issues are common in RTM disputes and are often misunderstood by both landlords and leaseholders.
Right to Manage claims are deceptively technical. A claim may succeed or fail based on procedural details such as service addresses, joint ownership, or the precise structure of the building. The statutory scheme is rigid, and misunderstandings can lead to costly litigation. The case illustrates how RTM disputes frequently turn on the accuracy of service, the physical layout of the building, the occupation of units, and the interpretation of statutory exemptions.
I regularly advise landlords and leaseholders in Right to Manage matters, including contested claims, defective notices, resident landlord exemptions and Tribunal hearings. As a London-based solicitor with extensive experience in RTM disputes and First-tier Tribunal advocacy, I provide clear, practical guidance to freeholders defending RTM claims and leaseholders seeking to exercise the Right to Manage. The legislation is intricate, and early advice is essential to avoid procedural pitfalls and ensure that claims are brought or defended effectively.
I welcome instructions from both landlords and leaseholders in this area. The Right to Manage regime offers valuable rights to leaseholders, but it also imposes strict obligations. Landlords are entitled to challenge claims that do not meet the statutory criteria. Expert advice is crucial for both sides navigating this complex area of law.
Kuldeep S. Clair, Senior Solicitor Advocate, 25+ years experience
