How to Serve an RTM Claim Notice | YourBuilding

The claim notice is the most important document in the Right to Manage process. It is the formal legal step that starts the clock - and getting it right is critical.

This guide explains exactly what the claim notice must contain, who to serve it on, when to serve it, and what happens after you serve it.

What is the RTM claim notice?

The claim notice is a formal legal document served by your RTM company on the freeholder. It formally asserts your right to manage the building and sets the date on which management will transfer to your RTM company.

It is governed by the Commonhold and Leasehold Reform Act 2002 and must follow a prescribed form. A defective claim notice can be challenged by the freeholder and may invalidate your entire claim - so precision matters.

Before you can serve the claim notice

There are several steps that must be completed before you can serve the claim notice:

• Your RTM company must be incorporated at Companies House
• Participation notices must have been served on all qualifying leaseholders who are not already members
• At least 14 days must have passed since the last participation notice was served
• At least 50% of qualifying leaseholders must be members of the RTM company

Do not serve the claim notice before these conditions are met. Doing so could invalidate your claim.

What the claim notice must contain

The claim notice must include specific prescribed information. Missing or incorrect information can make the notice defective.

The RTM company details

• The full registered name of the RTM company
• The registered address of the RTM company
• The company registration number

The building details

• The full address of the premises
• A description of the premises sufficient to identify the building

The participating leaseholders

• The name of each person who is a member of the RTM company at the date of the notice
• The address of the flat each member holds

The acquisition date The proposed date on which the RTM company intends to acquire the right to manage. This must be:

• At least 3 months after the date of the claim notice
• Stated as a specific date - not a range or approximate timeframe

The counter-notice deadline The notice must specify the date by which the freeholder must respond with a counter-notice if they wish to dispute the claim. This must be at least one month after the date of the claim notice.

Who to serve the claim notice on

The claim notice must be served on:

The freeholder Always required. If there are multiple freeholders - for example where the freehold has been split - each freeholder must be served separately.

Any third party managing the building If there is a management company appointed under the lease that is separate from the freeholder, they must also be served with the claim notice.

Intermediate landlords If there are intermediate leases between the freeholder and the leaseholders - common in some older leasehold structures - each intermediate landlord must also be served.

A copy of the claim notice must also be sent to every qualifying leaseholder who is not already a member of the RTM company. This gives non-participating leaseholders a final opportunity to join before the acquisition date.

How to serve the claim notice

The claim notice must be served correctly or it may not be valid. Accepted methods of service include:

• Personal delivery - handing the notice directly to the freeholder or their authorised representative
• First class post - sent to the freeholder's last known address or their solicitor's address
• Recorded delivery - recommended as it provides proof of delivery
• Electronic service - only valid if the freeholder has previously agreed to accept notices by email

Keep proof of service for every notice you send. If the freeholder later claims they did not receive the notice, your proof of service is essential.

What happens after you serve the claim notice

Once the claim notice is served, the freeholder has a defined window in which to respond.

If the freeholder does nothing If the freeholder does not serve a counter-notice by the deadline stated in your claim notice, the claim is treated as admitted automatically. RTM proceeds on the acquisition date without any further action required from you.

If the freeholder admits the claim The freeholder can serve a counter-notice that admits your right to manage. RTM then proceeds on the acquisition date.

If the freeholder disputes the claim The freeholder can serve a counter-notice disputing your claim - but only on specific grounds:

• The building does not qualify for RTM
• The RTM company does not qualify
• The claim notice is defective

If the freeholder disputes your claim, your RTM company has two months to apply to the First-tier Tribunal (Property Chamber) for a determination. The Tribunal will decide whether your claim is valid.

What to do while you wait

The period between serving the claim notice and the acquisition date is typically 3 to 4 months. Use this time to prepare for taking over management:

• Source a managing agent if you do not intend to self-manage
• Review all existing service contracts - these will novate to your RTM company on acquisition day
• Arrange building insurance to begin on the acquisition date
• Open a service charge bank account in the RTM company's name
• Review the current service charge budget and prepare your first year's budget

Do not wait until acquisition day to start this preparation. The handover is immediate and you need to be ready to manage the building from day one.

Common mistakes to avoid

Serving too early The claim notice cannot be served until at least 14 days after the last participation notice. Serving early makes the notice defective.

Getting the acquisition date wrong The acquisition date must be at least 3 months after the date of the notice. If you calculate this incorrectly the notice is defective.

Missing recipients Failing to serve the notice on all required parties - including intermediate landlords or a separate management company - can invalidate your claim.

Not keeping proof of service Always send notices by recorded delivery and keep the receipt. If the freeholder claims non-receipt, your proof of service is your only protection.

Not notifying non-participating leaseholders You must send a copy to every qualifying leaseholder who has not joined the RTM company. Failing to do so is a procedural defect.

How YourBuilding helps

YourBuilding generates your RTM claim notice automatically using the correct prescribed form. It populates all required fields from the information you have already provided, calculates your acquisition date and counter-notice deadline correctly, and produces a schedule of all parties who need to be served.

It also tracks the counter-notice deadline and acquisition date so nothing gets missed.

Check if your building qualifies - free eligibility check