The Right To Manage is only available when a certain proportion of the leases satisfy various qualifying conditions. The three most common situations seem to be that every single leaseholder qualifies, none of the leaseholders qualifies, or almost every single leaseholder qualifies.
For these purposes, a qualifying leaseholder is someone who holds one or more flats in the building on a long lease, and does not occupy the flat(s) for business purposes. It’s complicated, and in due course, separate questionnaires will be created on the question of long leases and qualifying leases.
A long lease is a lease which was originally granted for more than 21 years. Some other types of leases also count as long leases. Shared Ownership leaseholders with leases shorter than 21 years can still qualify if they have staircased to 100%.
In rare cases, there are a couple of technicalities disqualifying leases granted by sub-demise in unwaived breach of a superior lease, but sub-demise is now basically obsolete. Flats can also be subject to multiple leases - one leaseholder grants a lease to another leaseholder; it is the leaseholder at the bottom of the chain who is the qualifying leaseholder in those circumstances.
So! How many of the flats in the building are held by qualifying leaseholders?
© Martin Keegan (Donate)