Rinlgley group logo
  • Home
  • Who We Are
    About Us Our People Awards Savings for Clients Results for Clients Green Management Strategies Market Overview Leasehold Reform Campaign Money Back Guarantee
  • What We Do
    • Block Management
      • Block Management Overview
      • for RTM Companies
      • for Freehold Management Companies
      • for Resident Management Companies
      • for Estates of Houses
      • for Freeholder Investors
      • Ground Rent Collection
      • How to Change Agent
      • Block Management Packages
      • Can't Afford an Agent?
      • Legal work & Tribunals
      • Section 20 Major Works
      • Ringley's Top 10 Tips
      • Staff on Site
      • Moving or Buying?
      • Report an Incident
    • Asset Management
      • Asset Management Overview
        • Asset Management Overview
        • Stabilised Assets
        • Project Monitoring
        • Mobilisation & Lease up
        • Asset Managers TechStack
        • Accounting & Reporting
        • Brands & URLs for sale
        • ESG Consultancy & Implementation
        • UK Build to Rent
        • UK Later Living
        • UK Coliving
        • UK Student Housing
        • BTR Smart PropTech
        • BTR Strategic Marketing
        • BTR Resident Experience
        • BTR Tenancy Management
        • Asset Management Clients
        • Site Finding/Digital Land Search
      • Law
        • Legal Services Overview
        • Our People
        • Recommendations
        • Right to Manage
        • Lease Extensions
        • Freehold Purchase
        • Absentee Freeholder
        • Court Appointed Manager
        • Conveyancing
        • Service Charge/Rent Arrears Recovery
        • Company Secretary
      • Valuation
        • Valuation Overview
        • Loan Security
        • Company Accounts
        • Lease Extensions
        • Freehold Purchase
        • Rent Reviews
        • Development Valuations
        • Insurance Valuations
        • Expert Witness & Litigation
        • Tax, Trusts & Accounts Valuations
        • Trading Business
        • Compulsory Purchase
        • Residential Valuations
      • Engineering
        • Engineering Overview
        • EWS1 Consultancy
        • Asbestos
        • Contract Administration
        • Fire Assesment
        • Homebuyer Survey
        • Building Survey
        • Schedules
        • Party Wall Matters
        • Principle Designer
        • Disability Access Audits
        • Small Building Works
      • Finance
        • Finance Overview
        • Get Accounts Quote
        • The Law & Property Accounts
        • Industry Update
        • To audit or Not?
      • Plant & Facilities Management
        • Plant & Facilities Management
        • Fire Door Inspection APP
      • Site Staffing Solutions
      • Leasehold Guidance
        • Leasehold Guidance Overview
        • Right to Manage
        • Buy Freehold
        • Court Appointed Manager
        • Absentee Freeholder
    • Insights
      Property Management Articles Property Management Blogs Rental Market Blogs Customer Comments FAQ - Ask Our Experts
    • E-books
    • Portal Login
    • Get In Touch

    A Freeholder isn't for life!

    by Mary-Anne Bowring


    Frustrated that the freeholder Isn't doing his job properly?
    Mary-Anne Bowring, creator of leaseholdersupport.co.uk explains how to apply for a Court Appointed Manager.

    Is your Freeholder failing to keep the block in repair, charging you too much for too little, only interested in his ground rent and insurance commission?

    Typically there are three profiles of block that fall into this scenario - blocks where: too many flats are owned by investors who show little real
    interest in the fabric and exterior of the block so long as their
    flat is rented;
    leases are still long so there is little interest in parting
    with cash to buy the freehold; you simply can't get 50% to support a right to manage
    movement.

    A flat or apartment is more than just a home. Indeed, it is quite probably the most valuable asset a leaseholder owns.
    The lease is a legal instrument that sets out the rights and obligations of both the Freeholder and the Leaseholder and should govern the management activities of the block. If you are concerned that the block is falling into disrepair, that the Freeholder is not taking action against other leaseholders where necessary (when they are making alterations such as
    ripping out walls without due regard to process, for example, or protecting the integrity of the fabric of the entire building), or resolving neighbour disputes, then don't despair.

    It takes only one leaseholder to understand that the covenants within
    the lease need to be upheld to make things change.
    If you cannot get 50% of leaseholders supporting you and have accepted that you cannot force self management, then consider the next best thing: a managing agent of your choice.

    Before applying to the Leasehold Valuation Tribunal to request that they appoint the managing agent of your choice as Court Appointed Manager, you will have to select an agent who has sufficient expertise.
    To satisfy a Tribunal the Court Appointed Manager needs to be competent to stand in the shoes of the Freeholder and enact the lease.

    In a situation where there is no need to prove fault on the part of the Freeholder or existing management arrangements, when claiming the right to manage, requesting a Court Appointed Manager is different.
    To persuade the Tribunal to appoint a Manager it is necessary to justify your reasons why such a course of action is reasonable and would be in the best interests of the block as a whole. Lodging an application with the Leasehold Valuation Tribunal costs between £150 and £350, depending on the number of dwellings in the block.

    Typically the Tribunal will schedule a pre-trial review (PTR) at which the parties are instructed what issues or evidence the Tribunal will hear. At the PTR the Tribunal will usually decide whether they wish to visit the block and how much time will be set aside for the hearing. Apart from the application fee at Tribunal each party bears their own costs - but be aware if the Tribunal feels that one or other party is wasting the Tribunal's
    time or not following directions on the information/evidence to be heard, it does have the power to award costs of that part of the hearing.

    You are probably competent to present your own case at
    Tribunal if

    you can make sense of your can find the clauses that you feel are being breached
    are able to collate evidence such as photographs of disrepair or unauthorised alterations, a diary of disputes reported but not resolved, or copies of service charge accounts which do not comply with the Landlord & Tenant Acts.

    Many Leaseholders however, choose the support of a Managing Agent, probably a firm of Chartered Surveyors with experience in this. It stands to reason that if the Freeholder turns up at Tribunal and objects to your action then the panel members will want to have your proposed Managing Agent present to satisfy themselves that the appointment would be a safe and reasonable choice. Irrespective of the issues of your action, if your proposed agent is a member of the Royal Institution of Chartered Surveyors (RICS) and probably also a member of the Association of Residential Managing Agents (ARMA) then you will have greater chances of success.
    Assuming your case is proved the decision notice of the Tribunal will set out the appointment of the Managing Agent, which is usually for a term of five years. A competent agent may themselves draft proposed directions for their appointment; in some complex cases a lawyer may be required, but this is rare.

    To start the process a list of member firms of Surveyors and Property Managers can be found at rics.org.uk and arma.org.uk. Phone several agents; find someone (a) whom you can talk to; (b): who inspires you with their competence and (c): gives you good advice to help you define your issues.
    Remember that every stage of your action will be benchmarked against what the lease states should happen, so have a good read before you part with any cash.


    Responsive image Responsive image
    Subscription

    Keep up to date

    (Weekly, fortnightly or monthly)


    To find out more what we do with your data, please read our Privacy Policy


    Insights, Blogs, Research, E-Books

    Landlord blog bg

    Landlord blog
    Read landlord blog
    Property blog bg

    Property blogs
    Read property blogs
    Articles bg

    Property articles
    Read property articles
    E book

    E-books
    Read E-books
    Facebook footer Instagram footer Linkedin footer Twitter footer
    Facebook footer
    Instagram footer
    Linkedin footer
    Twitter footer
    • Ringley Group
    • About us
    • CSR
    • BusyLiving
    • PlanetRent
    • Fire door inspection
    • Talk to us
    • Careers
    • Ask a Question
    • Insight
    • Articles
    • Blogs
    • Subscribe
    • What we do
    • Asset Management
    • Block Management
    • Facilities Management
    • Property Law
    • Surveying / Valuation
    • Building Engineering
    • Financial Services
    • Managing Agents
    • Block Management Locations
    • Co-working
    • Offices
    • London
    • Ringley House
    • 1 Castle Road
    • London
    • NW1 8PR
    • T: 0207 267 2900
    • Manchester
    • 11 Swan Street
    • Northern Quarter
    • Manchester
    • M4 5JJ
    • T: 0330 174 7777
    • Cardiff
    • 122 Bute Street
    • Cardiff Bay
    • Cardiff
    • CF10 5AE
    • T: 0330 174 7747
    • Email: solutions@ringley.co.uk
    • Emergency line 1: 0207 428 2056
    • Emergency line 2: 0207 267 2900
    • Report incident
    Privacy Policy
    Ringley Staff
    Ifsm Irpm member New iso Arla licensed Ombudsman services Rics vertical Gbc

    All content © copyright 2022. Ringley Limited. All Rights reserved. Ringley Limited, incorporated and registered in England and wales. Registered office: Ringley House, 1 Castle Road, London, NW1 8PR. Company No. 03302438
    Terms of use | Privacy Policy | Modern slavery act | COVID-19 risk assessment