What's a court appointed manager?
A 'court appointed manager' is a manager appointed by the Tribunal under the Commonhold and Leasehold Reform Act 2002
Asking for a manager to be appointed is a last resort when you do not qualify to claim your 'right to manage'
|Right to manage||Court appointed manager|
|No need to prove the landlord is at fault||You need to prove the landlord is at fault|
|No burden to compile evidence||You'll need to prepare and present your case|
|You need to serve notice on the landlord||You need to serve notice on the landlord|
|Unlikely the case will be referred to Tribunal||You will have to attend Tribunal|
|Can only proceed if 75%+ of the building is residential||Can proceed irrespective of commercial element|
|Need 50% of owners to sign up||1 owner can start the process|
Gathering evidence to persuade the Tribunal to appoint a Manager
To get a court appointed manager you'll need evidence and this evidence will need to relate to
- the lease and the duties that the landlord is not fulfilling,
- the condition of the building, as evidence of dimunition in value of your property,
- the lack of correct procedure, e.g., no service charge accounts when there are 5+ service charge payers
- breach of lease, e.g., lack of repair, not enforcing covenants against other leaseholders,
- breach of statute, e.g., fire safety compliance,
- breach of bye-laws, e.g., building regulations
Why choose us as your court appointed manager?
There are plenty of reasons to choose ABC Estates as your manager, but during this process there is an official statement drafted to show the court.
What authority does a Court Appointed Manager have?
A court appointed manager by grant of an order from the Leasehold Valuation Tribunal 'stands in the shoes' of the freeholder, headlessee or management company (the entity currently managing) to manage the property according to the lease. The extent of the appointment will be detailed in the actual court order but generally will be limited to collecting the service charges, placing the insurance and managing the building. Where the landlord is a freehold or management company the Court appointed manager will not automatically become responsible for the statutory accounts, the annual return or share certificates. The court appointed manager will not become responsible for collecting ground rent and does not sit in a quasi-judicial role as judge on land or title disputes, the remit is to manage only.
Where the lease is problematic, e.g., does not provide for recovery of the managing agent's fees or does not provide for collecting service charges in advance it is necessary to specifically ask the Tribunal to write these roles into the order.