Brady Solicitors have successfully guided a leaseholder client through an unusual Appointment of Manager application, resolving conflict to bring a new lease of life and expert support to the block.
For leaseholders unhappy with the management of their block, the Appointment of Manager option can be a good route to regaining control and installing a new managing agent that can deliver the level of service that you and your fellow leaseholders require.
Appointment of a manager is a ‘fault-based’ right, which means individual leaseholders apply to the First-tier Tribunal to appoint a manager if they consider the management of the block to be unsatisfactory. The FTT has the power to appoint a manager, as long as the statutory grounds can be established and it is “just and convenient” to do so.
In-fighting and conflict preventing good block management
In the scenario facing our leaseholder client (we shall call him Mr X), the poor block management was being caused by conflict and in-fighting amongst the management company directors. Repairs were not made, maintenance work failed to happen and the development was starting to suffer.
Mr X had contacted Bradys after reading about our Appointment of a Manager services on our website. We moved swiftly to help Mr X through the process at the First-tier Tribunal, including introducing them to a managing agent that we knew could provide a proactive, transparent and supportive property management service.
By involving the FTT as an independent body, the conflict between the leaseholders was overcome, and decisions made in the best interests of all leaseholders and the development as a whole.
The new managing agent is now in place and the leaseholders are already feeling the benefits of the change.
For help with making an Appointment of Manager application please contact Brady Solicitors.
What are the statutory grounds for Appointment of Manager?
To apply to the FTT for appointment of a manager, leaseholders need to show at least one of the following ‘statutory breaches’:
- The “relevant person” (usually the landlord or RTM company) is in breach of their obligations under the lease relating to the management of the building; or
- Unreasonable service charges have been made or are proposed to be made; or
- Unreasonable variable administration charges have been or are proposed to be made; or
- Any relevant person has failed to comply with a code of management practice.
Plus, in all cases, it must be ‘just and convenient’ to appoint a manager.