In England, there are several statutory provisions that can assist leaseholders in changing management companies:
Commonhold and Leasehold Reform Act 2002: This act sets out the rights of leaseholders to manage their building and provides a framework for changing management companies. It requires the freeholder to give consent to the change of management company and provides for a majority vote of the leaseholders to approve the change.
Leasehold Reform, Housing and Urban Development Act 1993: This act gives leaseholders the right to manage their building, either by appointing a managing agent or by setting up a Right to Manage (RTM) company. The RTM company can then take over the responsibilities of the current management company.
Landlord and Tenant Act 1985: This act sets out the duties and responsibilities of landlords and tenants, including the duties of the management company. It requires the management company to provide adequate services to the leaseholders and to keep the building in good repair.
The Property Ombudsman: The Property Ombudsman is a dispute resolution service for the property industry and can assist leaseholders in resolving disputes with their management company. The Property Ombudsman can also provide guidance on changing management companies and can investigate complaints about the management company.
These statutory provisions provide a framework for leaseholders to change management companies and protect their rights as leaseholders. It's important for leaseholders to familiarize themselves with these provisions and seek the advice of a qualified legal professional if they have any questions or concerns.
Any questions in relation to such matters can be addressed to Mr Fariz Uvais, Head of Litigation.