Appointment of a Manager
Leaseholders can apply to the First-tier Tribunal to appoint a manager if they’re unhappy with how their development is managed, and the process can be started by a single leaseholder if certain criteria are met.
Appointment of a manager – a ‘fault-based’ right for leaseholders
Appointment of a manager is a ‘fault-based’ right, which means individual leaseholders can exercise their right to 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 in place of the freeholder or the RTM company, so long as the statutory grounds can be established and it is “just and convenient” to do so.
To apply to the FTT for appointment of a manager, leaseholders need to show at least one of the following ‘statutory grounds’:
- 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.
Before making an application to the FTT, leaseholders are first required to serve a Section 22 notice on the landlord (or any other person who has management duties under the lease), giving them the opportunity to put right the areas of concern. If the issues are not resolved and you can demonstrate a statutory breach, you can then proceed with the application asking the FTT to appoint a manager. At this point leaseholders should also put forward a potential candidate for the manager role.
As leasehold property specialists, Brady Solicitors are able to assist leaseholders trhough every step of the process, to ensure the best chance of success.
We blog regularly on a range of property-related legal matters, on everything from property disputes to appointment of a manager. We also aim to bring up to date, easy to read analyses of recent cases to help readers stay informed. Many of our blogs arise from questions we are asked by our clients; to suggest a possible blog topic please do get in touch.
I was very satisfied with Brady Solicitors. They were very helpful and if I did not understand things they were always there to help. I would definitely recommend them to everyone.
Many thanks for your help, professional advice and calm nerves. I will be recommending you to anyone I know needing a good solicitor buying or selling or indeed needing a lease extension.
I am very happy with the way Brady Solicitors helped me to extend my lease. They made the process easy, clarifying the various stages, giving me advice on my options and handling them professionally.
Brady’s has recently carried out multiple lease extensions, with mine included. These have taken place in good time, and I have been informed of the various steps of progress in a pleasant and knowledgeable manner. Many thanks.
They really ‘get’ the property management industry and what is required to support us in the variety of challenges we face.
I have found them to be highly professional in all our dealings, but most of all knowledgeable of the minutiae of service charges and block management.
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