The Oxfordshire Leaseholder
Want a say in how your estate/property is managed? Your rights explained
Many leaseholders feel they have no say or control over the management of their estate particularly when an independent landlord owns the freehold. This article provides some of the options available to leaseholders that wish to have a say in the way their estate is run.
Leaseholders right to manage
When the Government introduced the Commonhold and Leasehold Reform Act 2002 it provided leaseholders with a right to take control of the management of their building. This process is covered in a separate article here
Leasehold Valuation Tribunals (LVT's)
If you do have a dispute with your landlord and/or property manager. The Leasehold Valuation Tribunal ("LVT") is the formal name given to the body appointed to make decisions on various types of dispute relating to residential leasehold property. The LVT is an independent decision making body which is completely unconnected to the parties or any other public agency. The Tribunal will look at the matter of the Leasehold Dispute for the property following an application to the Tribunal. For Further information go to the Oxfordshire leaseholder section on the home page of Common Ground (www.commongroundoxford.com)
Tenants Associations
Leaseholders can band together to form a “recognised tenants association”. Such associations have certain limited statutory rights. These include the entitlement to be consulted during the appointment of managing agents and to be given a representative role during any consultation procedures
Enfranchisement
Leaseholders can band together to purchase the freehold at any time. This process is known as “Enfranchisement”. In order to pursue this the following conditions must exist:
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Leaseholders making the bid must hold the leases of at least 50% of the qualifying flats
Leaseholders making the bid must hold the leases of at least 50% of the qualifying flats-Individual leaseholders must own 100% of the equity in their flats
Individual leaseholders must own 100% of the equity in their flats-At least two-thirds of the flats must be on long leases
At least two-thirds of the flats must be on long leases-Less than 25% of the internal floor area is used for commercial use
Less than 25% of the internal floor area is used for commercial useIf agreement cannot be reached on price for the freehold then it must be determined by the LVT
Appointment of Property Managers
The Landlord and Tenant Act 1987 gives one or a group of leaseholders the right to apply to the Land Valuation Tribunal (LVT) for an order appointing a new property manager for a block of flats. An LVT can make the order on any of the following grounds or combination of them
1)The landlord (or whoever has responsibility for management responsibilities) is in breach of obligations
The landlord (or whoever has responsibility for management responsibilities) is in breach of obligations2)Unreasonable service and administration charges
Unreasonable service and administration charges3)The landlord or manager has failed to comply with the relevant provisions of a code of practice approved by the secretary
The landlord or manager has failed to comply with the relevant provisions of a code of practice approved by the secretary of state4)Circumstances exist which makes it just and convenient for the appointment to be made
Circumstances exist which makes it just and convenient for the appointment to be made
Common Ground Estate & Property Management LimitedRegistered Office: 8 King Edward Street, Oxford, OX1 4HLCompany No: 7169211
Registered Office: 8 King Edward Street, Oxford, OX1 4HLCompany No: 7169211Common Ground Estate & Property Management Limited
