A guide to leasehold retirement living
Management of retirement schemes
Managing agent
A recognised residents’ association must be consulted and given an opportunity to comment before a landlord appoints a new managing agent. The association can also serve a consultation notice on the landlord in respect of an existing managing agent requiring details of exactly what the agent’s duties are.
Appointment of a manager
A manager does not necessarily mean the same thing as a managing agent; the manager for the purposes of the legislation is the landlord, the person with the final responsibility for the management.
Where there are serious concerns about the management, any individual leaseholder, or a group of leaseholders, may apply to the Tribunal for the removal of the present manager and their replacement by a manager selected by the Tribunal. This is a drastic course of action and can only be sought on a limited number of grounds – that the present manager has:
- demanded unreasonable service charges; or
- is in breach of the lease; or
- is in breach of an approved code of management practice
This remedy is not applicable where the landlord is a housing association.
Appointment of a surveyor
A recognised residents association may appoint a surveyor to investigate the management of their scheme on their behalf.
Under provisions introduced by the Housing Act 1996, the surveyor has powers to inspect any parts of the estate, to have sight of the landlord’s accounts and to investigate the landlord’s procedures for specifying and carrying out works. The surveyor can evaluate the landlord’s management of the estate against the approved codes of practice, and advise the association on service charges relating to management and maintenance costs.
Under earlier powers provided by the Leasehold Reform Act 1993, the surveyor can appoint an accountant to assist in investigations for a full management audit of the financial and general management of the scheme.
Neither the Housing Act nor the Leasehold Reform Act provide any powers for leaseholders to recover the costs of their surveyor or the management audit, nor do they provide any separate powers of redress where defects in accounting or management are found. The Acts do, however, provide very powerful rights for leaseholders to look in detail at the management for which they pay and to provide evidence for other remedial action.
- Last updated:
- 9 January 2025
- Next review:
- 22 December 2026