RIGHT TO MANAGE – NOTICE OF ACQUISITION ON LANDLORD’S TITLE
Do you manage a site for a RTM Company? If so, have you checked that the acquisition of the right to manage by your client RTM Company has been registered as a Notice against the landlord’s title?
As a matter of course this Notice ought to be registered when the acquisition of right to manage is complete but we have noticed that few RTM Companies seem to register it.
It is the simplest way of proving the RTM Company’s entitlement to collect service charge and insurance if called upon to do so when debts are pursued. Often the County Court or FTT will ask for that evidence and the easiest way to prove it is by producing proof of this registration against the landlord’s title.
Another vital reason for registration of RTM against the landlord’s title is so that anyone who needs to serve notice will have evidence of the existence of the RTM Company’s right to manage in the place of the landlord and will serve the notice on the RTM Company.
Also if consents are required to lease transfers – then the Land Registry will know that the relevant party to give those consents is the RTM Company and not the landlord.
As a matter of due diligence before you take on a RTM Company managed site you ought to check for this registration and if it has not been made then suggest it be made as soon as possible. The RTM Company will then have to garner all the relevant evidence to make the application for registration, which in turn will allow you to ensure that they have validly exercised and acquired the right to manage before you go any further. If this is not the case then you can assess the situation and take a commercial view before entering into a management contract with a RTM Company who may not have entitlement to engage you in the first place as they have not acquired the right to manage.
Application for registration is made to the Land Registry with accompanying evidence as to acquisition and the current fee is £40 – or £20 if registration is done on-line.
SLC Solicitors can undertake such registrations on the RTM Companies behalves for the fee of £100 plus VAT and the Land Registry fee as above.
If you are interested in this service please contact Analise Dougan by emailing her on email@example.com or by phone on 0333 0 300 200.