Do You Need a Solicitor for Right to Manage? | YourBuilding

One of the biggest myths about the Right to Manage is that you need a solicitor to do it. This misconception stops thousands of leaseholders from ever starting the process.

The short answer is: in most cases, no. You do not need a solicitor to exercise your Right to Manage.

Here is what you actually need to know.

RTM is a statutory right - not a legal dispute

The Right to Manage is a no-fault statutory right. You are not suing your freeholder. You are not taking anyone to court. You are exercising a right that Parliament gave you in 2002.

That distinction matters. Because RTM is a statutory process with prescribed forms and set timelines, it does not inherently require legal representation in the same way that litigation does.

The process requires precision - the right notices, served correctly, at the right time - but that is a question of following a defined process, not arguing a legal case.

What the law actually says

There is no legal requirement to instruct a solicitor at any stage of the RTM process. Leaseholders are fully entitled to:

• Form an RTM company themselves
• Serve participation notices themselves
• Serve a claim notice themselves
• Respond to a counter-notice themselves
• Apply to the First-tier Tribunal themselves

None of these steps require a solicitor as a legal prerequisite.

What has changed since 2024

The Leasehold and Freehold Reform Act 2024 made one change that is particularly relevant here: it shifted legal costs so that each party generally bears their own costs in RTM proceedings.

Before 2024, one of the biggest deterrents to pursuing RTM was the risk that if the freeholder challenged your claim, their legal costs could land on the leaseholders. That risk has been significantly reduced.

This means the financial argument for instructing a solicitor defensively - to protect against a costs order - is much weaker than it used to be.

When you can proceed without a solicitor

For the majority of RTM claims, leaseholders do not need a solicitor. You are likely to be fine without one if:

• Your building is a straightforward residential block of flats
• Your leases are standard long leases with no unusual terms
• There are no disputes about eligibility
• The freeholder is unlikely to challenge your claim
• You are using a platform like YourBuilding that generates the correct statutory documents automatically

The free resources available from LEASE (the Leasehold Advisory Service) are excellent and cover the RTM process in detail. LEASE advisers can answer specific questions about your situation at no cost.

When you should consider getting legal advice

There are specific circumstances where getting legal advice is genuinely worth it:

Your building is complex Mixed-use buildings, buildings with multiple freeholders, or buildings with unusual lease structures can raise eligibility questions that benefit from professional analysis.

Your freeholder serves a counter-notice If your freeholder disputes your claim, you will need to apply to the First-tier Tribunal. While you can represent yourself at the Tribunal, many leaseholders choose to instruct a solicitor at this stage - particularly if the freeholder has legal representation.

Your leases contain unusual terms Some leases contain clauses that could affect your RTM eligibility or the management responsibilities you are taking on. A solicitor can review these and flag anything that needs careful handling.

You are dealing with a particularly aggressive freeholder Most freeholders accept RTM without challenge. Some do not. If your freeholder has a history of contesting leaseholder rights, early legal advice can help you anticipate and prepare for challenges.

What does a solicitor actually cost for RTM?

If you do choose to instruct a solicitor, expect to pay:

• Basic RTM guidance and document review: from around £500 to £1,500
• Full RTM service including all notices: from around £1,500 to £3,500 depending on building complexity
• Tribunal representation if required: from £2,000 upwards

These costs are typically shared between participating leaseholders - so in a building of 20 flats with 15 participants, even full solicitor fees become manageable per person.

Free alternatives to a solicitor

Before spending money on legal advice, use these free resources:

LEASE - Leasehold Advisory Service Government-funded body offering free 15-minute telephone appointments with qualified advisers. Excellent for specific questions at key decision points in the process. Visit lease-advice.org to book.

Leasehold Knowledge Partnership Free detailed guides on RTM and tribunal disputes. Particularly useful if your freeholder is contesting your claim. Visit leaseholdknowledge.com.

YourBuilding Guides you through the entire RTM process step by step, generates all statutory notices automatically, and flags when you should seek professional advice. The eligibility check is free.

The practical answer

For most leaseholders in a standard residential block, the combination of YourBuilding for process guidance and document generation, plus LEASE for free expert advice at key decision points, covers everything you need to exercise your Right to Manage successfully - without a solicitor.

Save the solicitor for the situations that genuinely warrant it. Do not let the assumption that you need one stop you from starting.

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