Leasehold
GOV.UK describes a two-thirds leasehold test before a block can use the Right to Manage. Has your surveyor counted the flats?
No. The surveyor inspected a flat. They did not count how many flats are leasehold, did not check that those leases were originally granted for more than 21 years, and did not work out whether two thirds of the flats meet that test. Qualifying for the Right to Manage is a count of the building and the leases. It is not a line in a condition report.
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 qualifying guide is specific. The building must contain flats, so a house does not qualify. At least two thirds of the flats must be leasehold on leases that were originally more than 21 years. At least half the floor area must be residential. At least half the flats must be members of the RTM company before it takes over. A surveyor walking one hallway cannot see the lease terms of the other flats, cannot measure the commercial floor area against the homes, and cannot know who has joined the company.
If neighbours are talking about a claim, ask a solicitor who understands the tests to do the count from the leases and the plans. The survey can still tell you whether the roof, the stairs and the walls look as if management has a job to do. That is condition. It is not membership and it is not the two-thirds fraction. Do not let a keen neighbour treat a rating as a headcount. Leaseholders can take over without the landlord agreeing and without proving bad management, but only where the building qualifies and the membership test is met.
What should you ask your surveyor?
- Did you count flats, leases or floor area? You should not have done.
- Which defects would still matter if a solicitor later says the block qualifies?
- Are commercial parts of the building outside what you could measure?
What are the typical next steps?
- Ask a solicitor to apply the two-thirds, floor-area and membership tests.
- Do not treat the survey as a census of the flats.
- Use the report for the roof and the common parts, not for the headcount.
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
If every door you saw looked residential, is the floor-area test passed?
No. A walk down one stair is not a measurement of floor area. The test needs the building, not a glance.
Does a tired roof prove the block qualifies?
No. Condition is irrelevant to the two-thirds test. A sound roof does not fail it either.