Where a block’s landlord (freeholder) has management responsibilities or has the power to appoint a managing agent, it is possible for leaseholders to apply to the First Tier Tribunal for a Management Order under Section 24 of the Landlord & Tenants Act 1987 to remove the management function from the landlord.
The grounds for making an application to the First Tier Tribunal are;
This appointment is made under Section 24 of the Landlord and Tenant Act 1987. The application can be made by a single leaseholder in a building, or a group of leaseholders acting together.
Often it is preferable for leaseholders to claim ‘Right To Manage’ (RTM) for the building rather than requesting the Court to appoint a Property Manager because:
However, leaseholders may need a Court-appointed Property Manager because:
The right to apply for the appointment of a Property Manager is not available if the leasehold property is a single dwelling or if the landlord is the Crown, a local authority or other public sector body, a registered social landlord or other housing association or where the premises are provided for the purposes of a charitable housing trust or where less than 50% of the flats in the building are on long leases and the landlord is resident on the premises and it is a converted, not purpose-built property, and he has been resident in the flat as his only or principal residence for at least twelve months.
Horizon have assisted in Property Manager applications at First Tier Tribunal and initially our role is usually to advise on the legal tests that First Tier Tribunal needs to be persuaded to consider a Property Manager to step into the shoes of the freeholder, fault on side of the landlord must be proven.
Horizon have been successfully appointed by First Tier Tribunal as a Property Manager and can work with specialist legal professionals to support First Tier Tribunal applications.
Click here to contact one of our friendly team who will be happy to help