sec 24 landlord / tenant act 1987 - chance to move manager?
Discussion
Please bear with me - but I could really use some pointers!
Paolow towers is a managed block of 20 flats and ~12 years ago the residents sought a court judgement to move to a preferred property manager.
He is useless - though subsequently amalgamated his business with another, sold up and has just now retired.
However, he of course is the named 'manager' of the block and we have just been served the above S24 notices to shift the management of the block to another employee of the company.
Thing is - I - and many other residents are dissatisfied with the current companies zero effort in maintaining the place so - the very quick version of all of this is:
Can I use the S24 notice to lodge a grievance and thus set things up to move managing agents by means of a tribunal?
I do really appreciate any replies - please! I have of course more information but didn't want to bog this down...
Paolow towers is a managed block of 20 flats and ~12 years ago the residents sought a court judgement to move to a preferred property manager.
He is useless - though subsequently amalgamated his business with another, sold up and has just now retired.
However, he of course is the named 'manager' of the block and we have just been served the above S24 notices to shift the management of the block to another employee of the company.
Thing is - I - and many other residents are dissatisfied with the current companies zero effort in maintaining the place so - the very quick version of all of this is:
Can I use the S24 notice to lodge a grievance and thus set things up to move managing agents by means of a tribunal?
I do really appreciate any replies - please! I have of course more information but didn't want to bog this down...
The starting point is for one or more leaseholders to serve a Notice (section 22 of the Act) upon the Landlord and any Managing Agent appointed. This should set out the defaults complained of and invite them to set out how they intend to remedy the same. A reasonable period must be allowed.
Once that has expired the Leaseholders can then apply to the LVT under section 24 of the Act for the appointment of the manager. It will be for the Leaseholders to propose a professional managing agent who is prepared to accept an instruction. Generally the LVT will issue Directions and these will require the proposed agent to confirm that they agree to being appointed and ask them to confirm the terms upon which they would be appointed, provide a CV and other information. There will also be Directions requiring the Leaseholders to file evidence of the breaches complained of and for the Landlord/Current agent to reply. We pause at this point to highlight that this is a fault based procedure and the LVT must be satisfied that there are breaches and it is just and convenient to make an order.
There will then be a hearing (note generally the LVT has no powers to deal with matters summarily) and the LVT will hear evidence. Usually they will require the proposed manager to attend and give evidence so that the LVT is satisfied that they are a proper person and able to adequately manage. The Manager is an appointee of the LVT and will operate pursuant to the terms of their Order.
Once appointed it will then be for the Manager to manage. They must ensure compliance with all terms of the lease and of course statute and will normally be expected to manage in accordance with one of the recommended codes of good practice for management.
http://www.justice.gov.uk/tribunals/residential-pr...
http://armaqportal.org.uk/
http://www.leaseholdknowledge.com/
http://leaseholdlife.info/
Once that has expired the Leaseholders can then apply to the LVT under section 24 of the Act for the appointment of the manager. It will be for the Leaseholders to propose a professional managing agent who is prepared to accept an instruction. Generally the LVT will issue Directions and these will require the proposed agent to confirm that they agree to being appointed and ask them to confirm the terms upon which they would be appointed, provide a CV and other information. There will also be Directions requiring the Leaseholders to file evidence of the breaches complained of and for the Landlord/Current agent to reply. We pause at this point to highlight that this is a fault based procedure and the LVT must be satisfied that there are breaches and it is just and convenient to make an order.
There will then be a hearing (note generally the LVT has no powers to deal with matters summarily) and the LVT will hear evidence. Usually they will require the proposed manager to attend and give evidence so that the LVT is satisfied that they are a proper person and able to adequately manage. The Manager is an appointee of the LVT and will operate pursuant to the terms of their Order.
Once appointed it will then be for the Manager to manage. They must ensure compliance with all terms of the lease and of course statute and will normally be expected to manage in accordance with one of the recommended codes of good practice for management.
http://www.justice.gov.uk/tribunals/residential-pr...
http://armaqportal.org.uk/
http://www.leaseholdknowledge.com/
http://leaseholdlife.info/
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