Asking a tribunal to appoint a new property manager

You can apply on your own or with other leaseholders. You can also suggest who you want the tribunal to appoint, but the tribunal makes the final decision.

The relevant legislation is Sections 21 to 24 of the Landlord and Tenant Act 1987 (as amended).

You can apply to the tribunal to appoint a manager if you are a long leaseholder. This usually means your lease was for more than 21 years when it was first granted.

The property must be all or part of a building that contains 2 or more flats.

You cannot usually apply if the landlord is:

• the Crown
• a local authority or other public sector body
• a registered provider (housing association)

You may also be unable to apply if your building is a small conversion (not purpose-built) and your landlord lives in the building.

For an estate with several blocks, at least one leaseholder from each block must usually join the application if you want the order to cover the whole estate.

You’ll need to prove one of the following:

• the landlord or management company has broken the terms of the lease in how they manage the building
• the landlord or management company has demanded – or is likely to demand – unreasonable service charges or administration charges
• the landlord or management company has not followed an approved management code (usually the RICS Service Charge Residential Management Code)
• there are other good reasons why it is appropriate to appoint a manager

The tribunal must also be satisfied that appointing a manager is “just and convenient”.

1. Give the landlord notice of the tribunal application

Before applying to the tribunal, you must usually give the landlord a formal preliminary notice under Section 22 of the Landlord and Tenant Act 1987.

The notice must explain the problems and give the landlord a chance to put things right, where the problems can be fixed.

The notice must include the required information. If it does not, it may be invalid.

You can use our template: Template preliminary notice – application for the appointment of a manager

Keep proof that you sent the notice, such as recorded delivery or a certificate of posting.

In some cases, you can ask the tribunal for permission not to serve the notice, for example if the landlord cannot be found.

2. Submit the completed form and application fee

You can apply to the tribunal by submitting a form:

• England: Form Leasehold 2 – Apply for the appointment of a manager, or to vary or discharge an order appointing a manager
• Wales: Application Form LVT8 – Appointing a manager of premises containing flats

You’ll need to pay the application fee shown on the form. You can apply for help with fees if you’re on a low income.

When you apply, you should also apply for an order that prevents the landlord from including their costs of the tribunal proceedings in the service charge (called a Section 20C order). You can do this using the same form.

You should nominate a person or company to manage the building. This is often a professional managing agent, but leaseholders may also nominate a company that they have set up themselves.

The proposed manager should be able to explain their experience, confirm they understand the role, and agree to follow the relevant management code.

If the proposed manager is a professional, they should give details of their professional indemnity insurance.

The order to replace the property manager

If the panel evaluates the evidence, reviews the nominated manager, and decides it is “just and convenient”, it can make an order to replace the property manager.

The order could specify things such as:

• if the appointment of the manager is temporary or has no time limit
• who must pay the manager’s costs and fees, such as the landlord, leaseholders, another relevant person, or a mix of these
• if the manager can make claims about things that happened before they were appointed
• if the manager has any extra rights and duties
• that the landlord must give all necessary documentation, accounts and other information to the new manager as is needed for the management of the building

After the management order is issued, the new manager:

• is responsible to the tribunal – they cannot take instructions from the landlord or you and the other leaseholders
• is responsible for the management of the building, making decisions and collecting service charges

Ending or changing the order

The tribunal can change or end the order if someone makes an application to request this. This could be you, your landlord or leaseholders who were not part of the original application.

The tribunal will only change or end the order if it is fair to do so and the original problems are unlikely to happen again.

If leaseholders want to extend the order, they must apply to the tribunal before the appointment period ends.

When the order ends, management goes back to your landlord.