December 3, 2014

Rights of leasehold flat owners

While changes to make matters easier for flat owners are to be welcomed many still do not know about the action they can take right now under the current law:

  • Right to manage
    Qualifying tenants can already take over the management of their freehold by setting up a Right to Manage Company which they control and which takes over the obligations to repair and maintain, manage and provide services. This company can then either manage the property itself or appoint new managing agents to act for it.  The existing landlord will retain the freehold of the property in this case.
  • Buying your freehold (enfranchisement)
    Tenants can also buy their freeholds – you can find out more about this in my previous blog
  • First-Tier Tribunal (Property Chamber)
    Service charges can be challenged through a First-Tier Tribunal (previously called Leasehold Valuation Tribunal). These tribunals can decide whether service charges have been reasonably incurred and if the services provided or works done are of a reasonable standard.

If tenants are concerned about their property managers they do not need to wait for the law to change, there may very well be action they can take now.

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