Leasehold

Why might a small converted house fail the Right to Manage even if the neighbours want it?

Because the qualifying guide says that if the landlord, or an adult family member, has lived in a flat as their only or main home for the past 12 months, a building that is not purpose-built and contains no more than four flats might not qualify. A home survey cannot know who lived there. Wanting to manage is not the test.

Last reviewed 24 October 2026. Written for buyers in England and Wales unless this answer says otherwise. No named surveyor has signed this page. It is general guidance, not a report on your house, and not legal advice.

What is the fuller explanation?

The same guide’s ordinary tests still apply to larger or purpose-built blocks: flats rather than a house, the leasehold share, the residential floor area, and membership before takeover. A converted house of three flats with a resident landlord is the situation this exception is aimed at. The survey can say the building looks like a house that was split. It cannot count the years of residence.

Your solicitor asks the question if you are relying on a future claim. Do not refuse a flat only because a claim might fail, and do not pay extra because a claim might succeed. There is no RICS premium for either. The roof and the fire separation are still condition, whether or not an RTM company can be formed.

What should you ask your surveyor?

  • Does the building look purpose-built or converted? That is only a look.
  • Are you able to say whether a landlord lives here? You are not.
  • Which defects exist even if nobody takes over management?

What are the typical next steps?

  1. Ask the solicitor about residence and numbers if RTM is part of your plan.
  2. Do not ask the surveyor to interview the neighbours.
  3. Buy on the lease and the condition if the claim is only a hope.

Costs vary with the building and with who you instruct. Where this page does not cite a published figure, ask the surveyor, a relevant specialist, or your solicitor for a written quote. Do not treat a forum average as the price.

Also asked about this

Does a purpose-built block of four flats hit the same exception?

The guide ties that residence limit to a building that is not purpose-built and has no more than four flats. Do not apply it to a purpose-built block from memory. Read the page.

Is a family member any relative?

The guide lists spouse or civil partner, children, step-children and parents. It is not every cousin. The survey does not know the family.

Sources