Getting a Court Appointed Manager depends on proving fault, usually over a period of time so we will guide you on whether your concerns constitute sufficient evidence, e.g., alleged breaches of the lease by the freeholder? Photos, letters, survey reports, all make good evidence, other successful cases have included blocks with feuding or dysfunctional Resident Controlled Management entities.
A section 22 notice detailing the alleged breaches of lease must be served and gives the freeholder ONE month to rectify things.
Assuming the breaches have not bee rectified, an application to the Tribunal is the next step. Such application will fail if a Section 22 Notice has not been served. If the freeholder appears to be attempting to rectify things, then working with them to do so is wise as the Tribunal see appointing a Manager as the last resort.
Often the Tribunal call a pre trial hearing in an attempt to get the parties together in a formal setting so they can try to narrow the issues. The Tribunal will also get agreement to a case management timeframe and issue directions for example, what disclosures are required and who will need to prepare bundles.
A 'court-appointed manager' is a manager appointed by the First Tier Tribunal (Property Chambers) (formerly known as the Leasehold Valuation Tribunal LVT) under the Landlord and Tenant Act 1987.
It is preferable to claim the 'right to manage' (RTM) your property rather than requesting the court to appoint a manager for you because:
However, you may need a court-appointed manager because:
As Solicitors, Ringley Law handle and case manage a broad range of litigation matters at Court and Tribunal. For advocacy we have relationships with all the leading Barristers Chambers to best present your case.
Has the mangement of your building become dysfunctional or non-existent? There is another way, so don't let this devalue your property, we can help...
Why not talk to one of our Solicitors today
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