The leaseholder(s) have to serve a preliminary notice on the landlord stating that this remedy is being sought. If the issues concerned are capable of remedy then the leaseholder(s) have to give the landlord reasonable time to remedy the situation. What constitutes a reasonable time depends on what the issues are.
Once the reasonable time has expired, if the leaseholder(s) are not satisfied that the issues have been remedied, they can then make an application to the First-tier Tribunal (Property Chamber) for a manager to be appointed. The leaseholder(s) have to nominate a new manager which could be themselves or a professional manager.
The Tribunal will determine the issues and decide if it is just and convenient in all the circumstances to appoint a new manager.
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Yes, since the Commonhold and Leasehold Reform Act 2002, appointment of a manager can be exercised in relation to tripartite leases (leases with three parties). In this case all notices must be served on the manager under the lease.
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The right to seek the appointment of a manager from the First-tier Tribunal (Property Chamber) is not available where the landlord;
It is also not available where the landlord is resident in the premises and the building is a converted property (i.e. it is a house converted into flats) and less than half of the flats are let on long leases (normally these are leases which have been granted for a term in excess of 21 years).
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The building must contain at least two flats. The right to seek the appointment of a manager from the Tribunal is not available where the landlord is;
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Yes, to be able to make an application for appointment of a manager, you need to be long leaseholders. These are leaseholders with leases which were originally granted for a term in excess of 21 years.
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Yes, you can apply for appointment of a manager provided at least one leaseholder from each block joins in the application to the Tribunal.
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The Tribunal will appoint a new manager for a specified length of time such as 2 years. The Tribunal can go beyond the lease in terms of the powers they give the manager. For example, if the lease does not allow for the recovery of service charges in advance the Tribunal may actually permit the new manager to demand money in advance. It depends on the circumstances.
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