Tribunal Appoints Manager to Oversee Property Management
📌 In brief
The First-tier Tribunal appointed a manager to oversee the management of a property because the freeholder failed to maintain and repair the property as required by the leases. This decision ensures that the property is managed properly and that the tenants' rights are protected.
⚖️ Legal holding
A tenant is entitled to have a manager appointed to manage the property if the freeholder breaches their management obligations.
📖 What the law says
The appropriate tribunal can appoint a manager to oversee the management of a property if they find that a relevant person is breaching their management obligations to the tenant. The tribunal must also be satisfied that it is just and convenient to make such an appointment considering all the circumstances.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal appointed a manager to oversee the management of a property due to alleged breaches of management obligations by the freeholder.
📜 Headnote Official document
The Tribunal appointed a manager to oversee the management of a property after finding that the freeholder had breached their management obligations under the leases. The decision was based on the freeholder's failure to maintain and repair the property as required by the leases.
📚 Full judgment Official document
OUTCOME: Allowed
FIRST-TIER TRIBUNAL [NAME] (RESIDENTIAL PROPERTY) Case reference : LON/00AM/LAM/2025/0006 Property : [NAME], 157 [ADDRESS], [POSTCODE]
Applicant : [redacted] 2. [NAME] [APPELLANT] and Ms [NAME] (Flat 5) 3. [NAME] [COUNSEL] and Ms [COUNSEL] (Flat 6)
Representative : [NAME] [COUNSEL] of Counsel Respondent : [redacted] : [NAME] [COUNSEL] (s0n) Type of [NAME] : Appointment of a Manager Tribunal member(s) : Tribunal Judge I [NAME]
1. This is an [NAME] made by the Applicants under section 24 of the Landlord and Tenant Act (as amended) (“the Act”) for an order in respect of St [NAME], 157 [ADDRESS], [POSTCODE] (“the property”).
2. The property is described as being a 4-storey block with ground floor/basement commercial premises and first to third floor residential flats. The Applicants are the leaseholders of three of the residential flats in the property. The Respondent is the freeholder of the property.
3. In broad terms, it is alleged that the Respondent has filed to maintain, repair, redecorate and renew the structure and in particular the main drains, roofs, foundations, chimney stacks, window frames, gutters and rainwater pipes of the property in breach of clause 5(1)(a) of the Applicants’ leases.
4. For reasons that will become apparent, it is not necessary to set these out in any detail.
5. By a preliminary notice served pursuant to section 22 of the Act dated 3 October 2024, the Applicants purported to notify the Respondent of their intention to make this [NAME] to the Tribunal in the event that she did not remedy the various management failures set out in the notice. However, it was accepted at the hearing that the notice had not in fact been served on the Respondent at her correct address. The very same incorrect address had been provided by the Applicants to the Tribunal, at which service of the directions and letters had been effected. Unsurprisingly, therefore, the Respondent had not responded to the preliminary notice, nor had she engaged in these proceedings and had not filed or served any evidence.
6. On 27 February 2025, the Applicants made this [NAME] to the Tribunal seeking the appointment of a manager. The Law 7. Section 24 of the Landlord and Tenant Act 1987 provides:
"(1) A leasehold valuation tribunal may, on an [NAME] for an order under this section, by order appoint a manager to carry out, in relation to any premises to which this Part applies-
(a) such functions in connection with the management of the
premises, or
(b) such functions of a receiver,
or both, as the Tribunal thinks fit.
(2) A leasehold valuation tribunal may only make an order under this section in the following circumstances, namely-
(a) where the tribunal is satisfied-
(i) that any relevant person either is in breach of any
obligation owed by him to the tenant under his tenancy
and relating to the management of the premises in
question or any part of them...
(ii) ...
(iii) that it is just and convenient to make the order in all the
circumstances of the case;
(ab) where the tribunal is satisfied-
(i) that unreasonable service charges have been made, or
are proposed or likely to be made; and
(ii) that it is just and convenient to make the order in all the
circumstances of the case;
(aba)...
(abb)...
(ac) where the tribunal is satisfied-
(i) where any relevant person has failed to comply with any
relevant provision of a code of practice approved by the
Secretary of State under section 87 of the Leasehold
Reform, Housing and Urban Development Act 1993
(codes of management practice), and
circumstances of the case;
(b) where the tribunal is satisfied that other circumstances exist which make it just and convenient for the order to be made.
Hearing 8. The hearing took place on 5 June 2025. The Applicants were represented by [NAME] [COUNSEL] of Counsel. [NAME] [COUNSEL], the Respondent’s son appeared on her behalf as her authorised representative.
9. It was then established that the Respondent had been incorrectly served with the preliminary notice or the [NAME] to appoint a manager. She actually resides at [ADDRESS] in Essex with a post code of [POSTCODE]. Service had been effected at [ADDRESS] with a post code of [POSTCODE]. [NAME] said that the Respondent had only recently become aware of the hearing and he was attending on her behalf, as she is an elderly lady.
10. [NAME] [NAME], helpfully, said that the [NAME] to appoint a manager was not opposed in principle. He said that the only concern was the possible commercial effect any service charges would have on the tenants of the commercial premises. He suggested that their service charge contributions be limited to a fixed amount. However, the Tribunal pointed out that this was not possible for two reasons. Firstly, he did not have the authority of the commercial tenants to do so. Secondly, any such figure would be entirely arbitrary.
11. [NAME] [NAME] also said that he was not taking any point about the Applicants invalid service of the preliminary notice. In any event, the Applicants made an oral [NAME] to dispense with service of the notice under section 22(3) of the Act.
12. The Tribunal granted the [NAME] to dispense for two reasons. Firstly, no objection was made by the Respondent. Secondly, not to grant the [NAME] would result in the [NAME] being dismissed. The parties would then incur further time and costs with no practical advantage.
13. It follows that it was not necessary for the Tribunal to make any findings in relation to the various management failures alleged by the Applicants. On the basis
that the [NAME] was not opposed by the Respondent, the Tribunal was satisfied that it was just and convenient to appoint a manager.
14. The only issue for the Tribunal to decide was whether [NAME] [NAME] was
suitable to be appointed as the manager. The Tribunal then heard oral
evidence from [NAME] [NAME] about his knowledge and experience of being a manager. He had prepared a detailed management plan for the property and a witness statement setting out his professional qualifications and experience of being a manager. This was supported by the relevant disclosure in appendices A-C to his witness statement. These documents are found at pages 34-137 in the hearing bundle.
15. Having done so, the Tribunal was satisfied that [NAME] [NAME] should be
appointed as the manager for the property for the following main reasons:
(a) he possessed the relevant professional qualifications and
experience. In particular, [NAME] [NAME] confirmed that he
currently had been appointed by the Tribunal as a manager
on 19 separate occasions. Moreover, he also confirmed that he
had managed to successfully manage the properties, some of
which also had troubled history like this property.
(b) he had reviewed the leases and was familiar with the terms and had completed a site inspection before the hearing.
(c) he confirmed that he would comply with the RICS Code of Practice.
(d) he had already prepared a detailed management plan for the property.
(e) [NAME] [NAME] struck the Tribunal as a person who would be able to effectively manage the relationships between the residential and commercial tenants in the property.
16. Accordingly, the Tribunal appointed [NAME] [NAME] as the manager of the
property for a term of 5 years from the date of this decision. The terms of his appointment are set out in the management order annexed to this decision.
Name: Tribunal Judge I Mohabir Date: 23 June 2025
Rights of appeal
By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).
FIRST-TIER TRIBUNAL [NAME] (RESIDENTIAL PROPERTY)
Case Reference : LON/00AM/LAM/2025/0006 Property : [NAME], 157 LOWER CLAPTON ROAD, LONDON [POSTCODE] Applicants : [redacted] (2) [NAME] AND [NAME] (FLAT 5) (3) [NAME] AND [NAME] (FLAT 6) Representative : [COMPANY] [NAME] (COUNSEL) Respondent : [redacted] The Manager : [COUNSEL] [COMPANY] [EMAIL] Tribunal members : TRIBUNAL JUDGE [NAME]
MANAGEMENT ORDER
Interpretation
1. In this Order:
“The Property” means the flats and other premises known as known as [NAME] 157 [ADDRESS] [POSTCODE], and registered at HM Land Registry under title number NGL334741 and shall include the building, outhouses, gardens, amenity space, drives, pathways landscaped areas, flower beds, passages, bin-stores, common parts, storage rooms basements, electricity and power rooms; and all other parts of the property. This will exclude from the definition any parts of the building that are demised to individual tenants.
“The Landlord” shall mean [NAME] [RESPONDENT] [NAME] or their successors in title to the reversion immediately expectant upon the Leases.
“The Tenants" shall mean the proprietors for the time being of the Leases whether as lessee or under-lessee and "Tenant” shall be construed accordingly.
“The Leases" shall mean all leases and/or underleases of flats in the Property.
“The Manager” means [NAME] of [COMPANY].
“The Tribunal” means the First-tier Tribunal ([NAME])
ORDER
2. In accordance with section 24(1) of the Landlord and Tenant Act 1987 (“the Act”) [APPELLANT] of [APPELLANT] is appointed as Manager of the Property.
3. The Manager’s appointment shall start on 05 June 2025 (“the start date”) and shall end on 05 June 2030 (“the end date”).
4. For the avoidance of doubt this Order supplements but does not displace covenants under the Leases and the Tenants remain bound by them. Where there is a conflict between the provisions of the Order and the Leases, the provisions of the Order take precedence.
5. The purpose of this Management Order is to provide for the management of the Property [which includes taking steps to resolve the following problems of inadequate management identified by the tribunal.
(a) Accounting and Service Charges, and Budgeting (b) Repairs and Maintenance (c) Health and Safety (d) Communication
6. To address the steps identified in the previous paragraph the Manager is empowered to: (a) Collect the additional funds during the year from the residential lessees, in 1/6 respective proportions per flat, for any works/services that are not included in the budget. (b) Collect internal and external repairs and maintenance funds in advance from the residential lessees, in 1/6 respective proportions per flat, to arrange and to spend money on these items. (c) Collect accountancy fees in advance, to arrange and instruct for the year- end accounts to be prepared, and to expend money on this item. (d) Collect the building insurance premium in advance, to arrange suitable cover, and to expend money on this item. (e) Collect legal fees in advance, to ensure the Manager has sufficient funding to attend to any legal matters that may arise, and to expend money on such items. (f) Charge lessees legal fees for the collection of outstanding service charges and raise interest and administration fees on unpaid demands. (g) Review subletting agreements to check if they have relevant safeguards in place to deal with anti-social behavior, and obtain the under- lessee/resident contact details to communicate relevant safety matters. (h) Instruct a surveyor to determine the commercial lessees’ apportionments. (i) Collect the Service Charges from the residential lessees, in 1/6 respective proportions per flat, on account and in advance. (j) Collect the Service Charges from the commercial lessees.
7. The Manager shall manage the Property in accordance with: (a) the terms of this Order and the Directions set out below; (b) the respective obligations of the Landlord and the Tenants under the Leases whereby the Property is demised by the Landlord (save where modified by this Order); (c) the duties of a Manager set out in the Service Charge Residential Management Code (“the Code”) (3rd Edition) or such other replacement code published by the Royal Institution of Chartered Surveyors (“RICS”) and approved by the Secretary of State pursuant to section 87 Leasehold Reform Housing and Urban Development Act 1993(whether the Manager is a Member of the RICS or not; and (d) the provisions of sections 18 to 30 of the Landlord and Tenant Act 1985.
8. From the date this Order comes into effect, no other party shall be entitled to exercise a management function in respect of the Property where the same is the responsibility of the Manager under this Order.
9. The tribunal requires the Manager to act fairly and impartially in the performance of their functions under this Order and with the skill, care and diligence to be reasonably expected of a Manager experienced in carrying out work of a similar scope and complexity to that required for the performance of the said functions.
10. The Manager or any other interested person may apply to vary or discharge this Order pursuant to the provisions of section 24(9) of the Act.
11. The Tribunal may, upon receipt of information or notification of change of circumstances, issue directions to the parties, or any other interested person,
concerning the operation of this Order, both during its term, and after its expiry. 12. [NAME] to extend or renew this Order must be made before the end date, preferably at least three months before that date, and supported by a brief report of the management of the Property during the period of the appointment. Where an [NAME] for an extension or renewal is made prior to the end date, then the Manager’s appointment will continue until that [NAME] has been finally determined.
13. The Manager is appointed to take all decisions about the management of the Property necessary to achieve the purposes of this Order. If the Manager is unable to decide what course to take, the Manager may apply to the Tribunal for further directions, in accordance with section 24(4), Landlord and Tenant Act 1987. Circumstances in which a request for such directions may be appropriate include, but are not limited to:
Contracts (a) a serious or persistent failure by any party to comply with an obligation imposed by this Order; (b) circumstances where there are insufficient sums held by the Manager to discharge their obligations under this Order and/or for the parties to pay the Manager’s remuneration; and (c) where the Manager is in doubt as to the proper construction and meaning of this Order.
14. Rights and liabilities arising under contracts, including any contract of insurance and/or any contract for the provision of any services to the Property, to which the Manager is not a party, but which are relevant to the management of the Property, shall upon the date of appointment become rights and liabilities of the Manager, save that:
(a) the Landlord shall indemnify the Manager for any liabilities arising before commencement of this Order; and (b) the Manager has the right to decide, in their absolute discretion, the contracts in respect of which they will assume such rights and liabilities, with such decision to be communicated in writing to the relevant parties within 56 days from the date this order.
15. The Manager may place, supervise and administer contracts and check demands for payment of goods, services and equipment supplied for the benefit of the Property.
Licenses to assign, approvals and pre-contract enquiries
16. The Manager shall be responsible for carrying out those functions in the residential Leases concerning approvals and permissions, including those for sublettings, assignments, alterations and improvements, that the Leases provide should be carried out by the Landlord.
17. The Manager shall be responsible for responding to pre-contract enquiries regarding the sale of a residential flat at the Property.
Legal Proceedings
18. The Manager may bring or defend any court or tribunal proceedings relating to management of the Property (whether contractual or tortious) and, subject to the approval of the Tribunal, may continue to bring or defend proceedings relating to the
appointment, after the end of their appointment.
19. Such entitlement includes bringing proceedings in respect of arrears of service charge attributable to any of the Flats in the Property, including, where appropriate, proceedings before this tribunal under section 27A of the Landlord and Tenant Act 1985 and in respect of administration charges under schedule 11 of the Commonhold and Leasehold Reform Act 2002 or under section 168(4) of that Act or before the courts and shall further include any appeal against any decision made in any such proceedings.
20. The Manager may instruct solicitors, counsel, and other professionals in seeking to bring or defend legal proceedings and is entitled to be reimbursed from the service charge account in respect of costs, disbursements or VAT reasonably incurred in doing so during, or after, this appointment. If costs paid from the service charge are subsequently recovered from another party, those costs must be refunded to the service charge account.
Remuneration 21. The Tenants are responsible for payment of 100% of the Managers’ fees, which are to payable under the provisions of this Order but which may be collected under the service charge mechanisms of their Leases.
22. The sums payable are: (a) an annual fee of £450 per unit for performing the duties set out in paragraph 3.4 of the RICS Code (so far as applicable); (b) any additional fees contained in a schedule to this Order for the duties set out in paragraph 3.5 of the RICS Code (so far as applicable); and (c) 10% of the cost of any major works undertaken for managing the major works process; and (d) VAT on the above fees. Ground Rent and Service charge 23. The Manager shall (where applicable) collect the ground rents payable under the residential Leases, if required.
24. The Manager shall collect all service charges and insurance premium contributions payable under the Leases, in accordance with the terms and mechanisms in the Leases.
25. Whether or not the terms of any Lease so provides, the Manager shall have the authority to:
(a) demand payments in advance and balancing payments at the end of the accounting year; (b) establish a [NAME] to meet the Landlord’s obligations under the Leases; (c) allocate credits of service charge due to Tenants at the end of the accounting year to the [NAME]; (d) alter the accounting year and to collect arrears of service charge and insurance that have accrued before their appointment; and 26. The Manager may set, demand and collect a reasonable service charge to be paid by the Landlord, in respect of any unused premises in part of the Property retained by the Landlord, or let on terms which do not require the payment of a service charge.
27. The Manager is entitled to recover through the service charge the reasonable cost and fees of any surveyors, architects, solicitors, counsel, and other professional persons or firms, incurred by them whilst carrying out their functions under the Order.
Administration Charges
28. The Manager may recover administration charges from individual Tenants for their costs incurred in collecting ground rent, service charges and insurance which includes the costs of reminder letters, transfer of files to solicitors and letters before action. Such charges will be subject to legal requirements as set out in schedule 11 of the Commonhold and Leasehold Reform Act 2002. The Details of the fees charged are set out in the Schedule of additional fees.
Disputes
29. In the event of a dispute regarding the payability of any sum payable under this Order by the lessees, additional to those under the Leases (including as to the remuneration payable to the Manager and litigation costs incurred by the Manager), a Tenant, or the Manager, may apply to the tribunal seeking a determination under section 27A of the Landlord and Tenant Act 1985 as to whether the sum in dispute is payable and, if so, in what amount.
30. In the event of a dispute regarding the payability of any sum payable under this Order by the landlord, other than a payment under a Lease, the Manager or the Landlord may
apply to the tribunal seeking a determination as to whether the sum in dispute is payable and, if so, in what amount.
31. In the event of dispute regarding the conduct of the management of the property by the Manager, any person interested may apply to the Tribunal to vary or discharge the order in accordance with section 24(9) of the Landlord and Tenant Act 1987.
32. In the event of a dispute regarding the reimbursement of unexpended monies at the end of the Manager’s appointment, the Manager, a Tenant, or the Landlord may apply to the Tribunal for a determination as to what monies, if any, are payable, to whom, and in what amount.
DIRECTIONS TO LANDLORD
33. The Landlord must comply with the terms of this Order.
34. On any disposition [other than a charge] of the Landlord’s estate in the Property, the Landlord will procure from the person to whom the Property is to be conveyed, a direct covenant with the Manager, that the said person will (a) comply with the terms of this Order; and (b) on any future disposition (other than a charge) procure a direct covenant in the same terms from the person to whom the Property is to be conveyed.
35. The Landlord shall give all reasonable assistance and co-operation to the Manager in pursuance of their functions, rights, duties and powers under this Order, and shall not interfere or attempt to interfere with the exercise of any of the Manager’s said rights, duties or powers except by due process of law.
36. The Landlord is to allow the Manager and their employees and agents access to all parts of the Property and must provide keys, passwords, and any other documents or information necessary for the practical management of the Property in order that the Manager might conveniently perform their functions and duties and exercise their powers under this Order.
37. Within 30 days from the date of this Order the Landlord must provide all necessary information to the Manager to provide for an orderly transfer of responsibilities, to include the transfer of:
(a) all accounts, books and records relating to the Property, including a complete record of all unpaid service charges; and
(b) all funds relating to the Property including uncommitted service charges and any monies standing to the credit of a reserve or [NAME].
38. Pursuant to s 20C, Landlord and Tenant Act 1985, any of the costs incurred by the Respondent in connection with these proceeds are not to be relevant costs for the purpose of determining service charges.
DIRECTIONS TO MANAGER
39. The Manager must adhere to the terms of the Order above.
Entry of a Form L restriction in the Register of the Landlord’s Registered Estate
40. .................................................................................................................................... To protect the direction in paragraph 34 for procurement by the Landlord, of a direct covenant with the Manager, the Manager must apply for the entry of the following restriction in the register of the Landlord’s estate under title no(s) NGL334741.
“No disposition of the registered estate (other than a charge) by the proprietor of the registered estate, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be completed by registration without a certificate signed by the applicant for registration [or their conveyancer] that the provisions of paragraph 34 of an Order of the Tribunal dated 23 June 2025 have been complied with”
Registration The Manager must make an [NAME] to HM Land Registry for entry of the restriction referred to in paragraph 40, within 14 days of the date of this Order.
41. A copy of the Order should accompany the [NAME] (unless it is submitted by a solicitor able to make the necessary declaration at Box 8(c) of the RX1 [NAME] form). The [NAME] should confirm that: • this is an Order made under the Landlord and Tenant Act 1987, Part II (Appointment of Managers by a Tribunal) and that pursuant to section 24(8) of the 1987 Act, the Land Registration Act 2002 shall apply in relation to an Order made under this section as they apply in relation to an order appointing a receiver or sequestrator of land. • Consequently, pursuant to Rule 93(s) of the Land Registration Rules 2003, the Manager is a person regarded as having sufficient interest to apply for a restriction in standard Form L or N.
Conflicts of Interest
42. The Manager must be astute to avoid any Conflict of Interest between their duties and obligations under this Order, and their contractual dealings. Where in doubt, the Manager should apply to the Tribunal for directions.
Complaints
43. The Manager must operate a complaints procedure in accordance with, or substantially similar to, the requirements of the Royal Institution of Chartered Surveyors.
Insurance 44. The Manager must maintain appropriate building insurance for the Property and ensure that the Manager’s interest is noted on the insurance policy.
45. From the date of appointment, and throughout the appointment, the Manager must ensure that he/she has appropriate professional indemnity insurance cover in the sum of £5 million and shall provide copies of the certificate of liability insurance to the Tribunal, and, upon request, to any Tenant or the Landlord. The Certificate should specifically state that it applies to the duties of a Tribunal appointed Manager.
Accounts
46. The Manager must:
(a) prepare and submit to the Landlord and the Tenants an annual statement of account detailing all monies receivable, received and expended. The accounts are to be certified by the external auditor, if required under the Leases; (b) maintain efficient records and books of account and to produce for these for inspection, to include receipts or other evidence of expenditure, upon request by the Landlord or a Tenant under section 22 Landlord and Tenant Act 1985; (c) maintain on trust in an interest-bearing account at such bank or building society, as the Manager shall from time to time decide, into which ground rent, service charge contributions, Insurance Rent, and all other monies arising under the Leases shall be paid; and (d) hold all monies collected in accordance with the provisions of the Code.
Repairs and maintenance 47. The Manager must:
(a) By 5 December 2025 draw up a planned maintenance programme for the period of the appointment, allowing for the periodic re-decoration and repair of the exterior and interior common parts of the Property, as well as any roads, accessways, mechanical, electrical and other installations serving the Property, and shall send a copy to every Tenant and to the Landlord; (b) subject to receiving sufficient prior funds:
(i) carry out all required repair and maintenance required at the Property, in accordance with the Landlord’s covenants in the Leases, or as the case may be commence and necessary consultation process under s 20, Landlord and Tenant Act 1985 and Service Charges (Consultation Requirements) (England) Regulations 2003, including instructing contractors to attend and rectify problems, and is entitled to recover the cost of doing so as service charge payable under the Leases or in accordance with the Order. (ii) arrange and supervise any required major works to the Property, including preparing a specification of works and obtaining competitive tenders. (c) liaise with all relevant statutory bodies in the carrying out of their management functions under the Order; and (d) ensure that the Landlord, and the Tenants, are consulted on any planned and major works to the Property and to give proper regard to their views.
48. The Manager has the power to incur expenditure in respect of health and safety equipment reasonably required to comply with regulatory and statutory requirements.
Reporting 49. By no later than six months from the date of appointment (and then annually) the Manager must prepare and submit a brief written report to the Tenants, and the Landlord, on the progress of the management of the Property up to that date, providing a copy to the Tribunal at the same time.
End of Appointment 50. No later than 56 days before the end date, the Manager must:
(a) apply to the tribunal for directions as to the disposal of any unexpended monies;
(b) include with that [NAME] a brief written report on the progress and outcome of the management of the Property up to that date (a “Final Report”); and
(c) seek a direction from the tribunal as to the mechanism for determining any unresolved disputes arising from the Manager’s term of appointment (whether through court or tribunal proceedings or otherwise).
51. Unless the tribunal directs otherwise the Manager must within two months of the end date:
(a) prepare final closing accounts and send copies of the accounts and the Final Report to the Landlord and Tenants, who may raise queries on them within 14 days; and
(b) answer any such queries within a further 14 days.
52. The Manager must reimburse any unexpended monies to the paying parties, or, if it be the case, to any new Tribunal appointed Manager within three months of the end date or, in the case of a dispute, as decided by the Tribunal upon an [NAME] by any interested party.
© CROWN COPYRIGHT Schedule of Additional Fees
a.) Legal Fees
Company Secretarial Service UPM Fees Acting as Company Secretary £300 + VAT Receiving Stock Transfer & issue new/replacement Share Certificate £85.00 +[NAME] for Membership £85.00 +VAT Filing Dormant Accounts (from) £75.00 +VAT Filing Confirmation Statement (from) Legal Administration Services
Responding to pre-contract sales enquiries. LPE1 Management Pack £400 +VAT Re-mortgage Enquiries (non-standard) NB some lenders required LPE1 Pack so fee would be £400 + VAT Between £100 - £200 +VAT Solicitors Enquiries Between £400 - £500 +VAT LPE1 Management Pack £400 +VAT LPE1 Management Pack (expedited 2 days) Only for established blocks (not new handovers) and subject to PM's availability. £600 +VAT Additional enquiries per question (after issue of pack) Fee is per file/case where additional enquiries are in addition to standard LPE1 enquiries. £150 +VAT Advising and providing information on the transfer of leases. Fee is included in LPE1 Management Pack. This fee is for non-LPE1 Transfer of Equity enquiries. £200 +VAT Order Land Registry Lease £30 +VAT Certificate of Compliance / Certificate of Consent Between £100 - £150 +VAT Notice of Charge £100 +VAT Notice of Transfer £100 +VAT Consent to Sublet Between £125 - £350 +VAT Registration of Subletting/Underletting Between £75 - £125 +VAT Section 98 Notice £50 + VAT Deed of Covenant (registration fee) £110 +VAT Membership registration (on resale) £100 +VAT Transfer of share (on resale) £100 +VAT Transfer of equity enquiries £200 + VAT + VAT Licence to Sublet Non-[NAME]
19 Licence to Assign / Certificate of Consent / Compliance - request confirmation of fees in writing - subject to solicitor quoting on work. Deed of Covenant Letter of Consent (keeping a pet) £50 + VAT Minor Alterations (letter of consent) exc. Surveyor Fees e.g. drilling hole for cable, like for like windows/door £250 + VAT Minor Alterations (license to alter) exc. Surveyor Fees e.g. installing single a/c unit, installing new boiler, replacing windows Between £350 - £1500 + VAT Major Alterations (license to alter) exc. Surveyor Fees Between £2000 - £3000 + VAT Major Alterations (works administration) Between £2000 - £3000 + VAT Hourly Rate
Director/Associate Director £ 250.00 +VAT Surveyor £170.00 +VAT Senior Property Manager/Accounts Manager / Legal Administrator £175.00 +VAT Property Manager/Accounts Manager £150.00 +VAT Arrears & Disputes
First Reminder - +VAT Second Reminder £100.00 +VAT Remaining debtors will be billed an administration fee £250.00 + VAT Instruction of solicitor ([NAME]) £300.00 +[NAME] and case management Based on hourly rate +VAT Banking
Returned cheque £20.00 +VAT Fees & charges are reviewed annually. Our current fees are noted above.
b.) Major Works Fees Management [NAME] charge a management fee on the Major Works which is based on the total contract value of the project. It is standard practice to charge 6% for all the preparation before works start and 6% management fee once works are onsite/complete. The payments are split into 4 stages:
1. Notice of Intent – 0.5% (Estimated if value is unknown) with a minimum charge of £500 2. Statement of Estimates (Inc. Tender Analysis) – 4.5% 3. Managing on site works – 3% 4. Final management instalment upon completion of works – 4% [All above total 12% Management Fee. This is subject to change depending on the value and nature of the works undertaken for each project. Where works are
20 undertaken by separately appointed professional consultants the total management fee payable to [NAME] will be reduced to offset the work/services provided and charges made by the other external professional consultants. Please note: there is a minimum fee of £500] [Where a building requires listed building consent, planning approval etc., the [NAME] would be chargeable and not included within the standard 12%. This is not relevant for all buildings, but many in central London.]
Health & Safety Management [NAME] charge a 1.5% Management Fee to oversee the H&S works for an internal or external project. Prior to a project starting, each contractor has to be vetted to ensure their company is a suitable and competent company to carry out the works. Each contractor is requested to provide the following documents: • Contractors Assessment Form (states their Public Liability and Employee insurance, qualifications etc) • RAMS (Risk and Method Statement) • Construction Phase Plan The H&S advisor will review all above documentation and provide feedback to ensure each contractor is competent to carry out the works. Each contractor must be approved by the H&S advisor as [NAME] will not manage any project if a contractor is unsuitable. Once works are onsite, the H&S advisor will make regular visits to ensure the contractor is carrying out their duties to ensure there is a safe working environment for their employees. This includes checking scaffolding tags, equipment etc. where necessary. [Please note: there is a minimum fee of £500.]
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Reduces Tenant's Liability for Litigation Costs
- First-tier Tribunal (Property Chamber) First-tier Tribunal Appoints New Manager for Property Due to Poor Managemen…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Appoints Property Manager Due to Communication Breakdow…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Appoints New Manager for Mismanaged Property
- First-tier Tribunal (Property Chamber) Tribunal Discharges Property Manager's Appointment
- First-tier Tribunal (Property Chamber) Tenant Appointed as Property Manager Due to Landlord's Neglect
- First-tier Tribunal (Property Chamber) First-tier Tribunal Appoints Property Manager Due to Ineffective Management
- First-tier Tribunal (Property Chamber) First-tier Tribunal Appoints Property Manager for Multi-Flat Building
- First-tier Tribunal (Property Chamber) Tribunal Varies Management Order for Property with Defective Leases
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation from Consultation Requirements
- First-tier Tribunal (Property Chamber) Tribunal Grants Dispensation for Extensive Façade Repairs
- First-tier Tribunal (Property Chamber) Tenant Secures New Property Manager Due to Landlord Neglect
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The current management is deemed inadequate.
- The landlord breaches lease obligations and mismanages the property.
- There is a breakdown in communication and management among joint landlords.
- The landlord fails to maintain the property properly.
- It is impracticable to comply with statutory consultation requirements due to unforeseen defects and necessary repairs.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal decided to appoint a manager to oversee the management of the property.
Who was involved?
The tenants of the property and the freeholder were involved.
How did the court decide, and why?
The court decided to appoint a manager because the freeholder had failed to maintain and repair the property as required by the leases.
Which laws or rules were applied?
The Landlord and Tenant Act 1987 was applied.
What was the argument that mattered most?
The argument that mattered most was that the freeholder had breached their management obligations under the leases.
Was the decision for or against the person who brought the case?
The decision was for the tenants who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek the appointment of a manager if the freeholder fails to maintain and repair the property as required by the leases.
What evidence or documents mattered?
Evidence of the freeholder's failure to maintain and repair the property was presented.
Can a decision like this be appealed?
Yes, a decision like this can be appealed to the Upper Tribunal (Lands Chamber).
Is it worth getting a solicitor for a case like this?
Yes, it is recommended to get a solicitor for a case like this to ensure proper representation.
