If you are a tenant of a residential flat, have the benefit of a long lease (i.e. one that was granted for a term of 21 years or more) and are disgruntled with the management of your development, applying to the First Tier Tribunal for the appointment of a manager may be an option for you.
The application can be made by one leaseholder or a group acting together however, the building must contain at least two flats.
What evidence do you need?
This application can only be made if the landlord and/or management company is at fault.
You need to be able to show one of the following;
- Breach of a management obligation contained within the lease;
- Breach of the RICS Code of Practice;
- Breach of Service Charge Residential Management Code; that the landlord has demanded or is likely to demand unreasonable service charges;
- Other circumstances which make it just and convenient to a appoint a new manager.
What is the procedure?
A preliminary notice must be served on the landlord and management company, if the management company is also a party to your lease. This provides the landlord with the opportunity to remedy the breaches. If the landlord does not respond or you are not satisfied with the action that the landlord has taken, you may then make an application to the First Tier Tribunal for the appointment of a nominated manager. This could be a leaseholder or a professional management company.
Need advice? Let us help:
If you would like further information please contact Eleanor Cornthwaite on 0161 761 4611 or alternatively email- firstname.lastname@example.org.