appointment of manager
📖 What is appointment of manager? Meaning and definition
This legal process allows a tenant of a flat to apply to the First-tier Tribunal (Property Chamber) for an order to appoint a manager for their building. The application is usually made under Section 24 of the Landlord and Tenant Act 1987. The purpose is to address issues where the current management, often the freeholder or their appointed agent, is failing in their obligations relating to the property's management.
The Tribunal will consider whether there are sufficient grounds to appoint a manager. This often involves assessing if a 'relevant person' (such as the landlord or current manager) is in breach of their tenancy obligations regarding property management. A preliminary notice under Section 22 of the 1987 Act must typically be served on the respondent before the application is made.
If the Tribunal is satisfied that the conditions are met, they may make an order for a manager to be appointed. However, the application can be dismissed if, for example, a suitable nominee for the manager role is not put forward by the applicant, or if the Tribunal does not find sufficient grounds for intervention. The proposed manager is often an individual, even if they represent a management company.
Applicants should be aware that the Tribunal may also make decisions regarding costs, such as whether the respondent's legal costs can be added to service charges, and applications for reimbursement of Tribunal fees.
📋 Requirements
- The applicant must be a tenant of a flat in the premises.
- A notice under Section 22 of the Landlord and Tenant Act 1987 must have been served on the respondent.
- The Tribunal must be satisfied that a relevant person is in breach of an obligation owed to the tenant under their tenancy relating to property management.
- A suitable nominee for the manager role must be proposed by the applicant.
📝 Procedure
- The applicant serves a preliminary notice under Section 22 of the Landlord and Tenant Act 1987 on the respondent.
- The applicant makes an application to the First-tier Tribunal (Property Chamber) for an order under Section 24 of the Landlord and Tenant Act 1987.
- The Tribunal issues directions for the submission of bundles of documents by both the applicant and the respondent.
- A hearing is held where the Tribunal considers the evidence and arguments from both parties.
- The Tribunal makes a decision on whether to appoint a manager, dismiss the application, and may also rule on costs and fees.
💡 Examples
- A joint lessee of a flat applies to the Tribunal seeking to be appointed as the manager of their building, citing issues with the current freeholder's management.
- Tenants from multiple flats in a building jointly apply to the Tribunal, proposing a specific managing director of a property management company to take over the building's management.
- An application for a manager is dismissed because the Tribunal finds that while there were management issues, the applicant failed to put forward a suitable and qualified person to act as the new manager.
- The Tribunal rejects a tenant's request for a new property manager after determining that the landlord was not in breach of their obligations relating to the management of the premises.
📚 Legal basis
- Landlord and Tenant Act 1987
- Landlord and Tenant Act 1985
❓ Frequently asked questions
Who can apply for the appointment of a manager?
Typically, the tenant of a flat contained in the premises can apply to the appropriate tribunal for an order to appoint a manager.
What are the main reasons a tribunal might appoint a manager?
The tribunal may appoint a manager if it is satisfied that a relevant person, such as the landlord, is in breach of their obligations to the tenant regarding the management of the premises.
Is a preliminary notice required before applying for a manager?
Yes, it is generally required that a notice under Section 22 of the Landlord and Tenant Act 1987 is served on the respondent before making the application.
What happens if the applicant doesn't propose a suitable manager?
If the applicant does not propose a suitable nominee for the manager role, the application for the appointment of a manager may be dismissed by the Tribunal.
Can the Tribunal order the losing party to pay costs?
The Tribunal can make decisions regarding costs, including whether the respondent's costs should not be added to service charges, and may refuse applications for reimbursement of Tribunal fees.
What is the role of the First-tier Tribunal in these applications?
The First-tier Tribunal (Property Chamber) is the body that hears these applications, considers the evidence, and decides whether to make an order for the appointment of a manager.