Management of properties isn’t an easy job

Sometimes management breaks down.  Services aren’t provided. Breaches of obligations owed to leaseholders occur.   There’s unreasonable service charges. Or maybe unreasonable administration charges. Or breach of the RICS Code.

In those circumstances, the Tribunal can appoint a manager.

What’s a management order?

Where there’s some fault on the part of the current management and it’s just and convenient, a Tribunal can appoint a manager.

A manager can also be appointed when some other circumstances exist which make it just and convenient for a Tribunal to appoint a manager.

The Tribunal’s jurisdiction comes from section 24 of the Landlord and Tenant Act 1987.

The manager will then take over the management of the building.  This removes management from the landlord or management company.  In other words, it deprives a landlord of their proprietary right to manage their building.

These are draconian orders, so it’s a serious matter.

Dealing with the preliminaries

These matters are normally kickstarted by the service of a preliminary notice (which is often referred to as a section 22 notice).

If you’re a landlord (or management company) and you’ve received a preliminary notice, then we can help you deal with the notice and your response to it.

Tribunal proceedings

If the complaints haven’t been remedied within a reasonable timeframe (or aren’t capable of being remedied), an application to the Tribunal may well be on the cards.

Our experience of proceedings relating to appointed managers includes:

  • contested applications for the appointment of a manager, including applications brought by RTM companies
  • variations (including contested variations) to existing management orders
  • applications for dispensation from the consultation requirements (including emergency applications) on behalf of the appointed manager
  • determination on liability to pay and reasonableness of service charges on behalf of the appointed manager
  • applications for discharge from appointment