To start with you need to look at the Leasehold Reform Act 2002 and the criteria contained within this. You need to be able to satisfy this criterion in order to move forward with the process. Within the Act there are 6 different steps to satisfy; if you are rejected on one of these points it is probable that you will be unable to manage your block or building.
Some of this major criterion is denoted in the term 'qualifying tenant'. You must be a qualifying tenant to exercise your right to manage. A qualifying tenant must have been granted the original lease for at least 21 years originally. However there is a caveat to this, in that if 2/3rds of the tenants whom are interested in the right to manage have these longer leases they you are all still able to form a right to manage company.
Nevertheless, even if you satisfy the criteria there are more hurdles to jump. You must also follow the correct legal procedure, step by step. There is a proper legal process to follow in order to create a right to manage company. You will have to notify Companies House of its existence and add on the other qualifying tenants as Directors or members, however you so chose.
At this point you must officially notify the landlord that you are planning on exercising this right to manage and that you are creating a right to manage company. This will then lead to a possible counter notice from your landlord saying how you are unable to do this. As you can imagine, this makes the whole process a lot more complicated.
Commonly people use a specialist right to manage solicitor in order to help establish their qualifying criteria and follow the correct legal process. It is possible that your landlord actually has no legal rights and cannot reject your right to manage application, however you will not have the specialist legal knowledge to recognise this.
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