Two Party Leases
The parties shown on the lease will be only the original freeholder/developer/landlord and the first leaseholder/property owner. Although the person that own the freehold or leasehold may have changed over time, the lease will show the original parties that entered into the agreement.
Where this type of lease is in place it means that the current landlord is responsible for appointing the managing agent. It is important first of all to ascertain who this is which can be done by checking your latest service charge demand which will show the name and address for your landlord.
Once you have the name and address the first thing to do is to contact your landlord and ask them to change managing agents. Sometimes when you raise your concerns with your landlord, they will make the decision, for the benefit of all leaseholders, to change the agent. It is always worth trying this route first.
If you are unsuccessful in convincing your landlord you may be able to claim your Right to Manage. You will need a minimum 50% of the leaseholders to agree to become members and there are some other restrictions that must be adhered to. Warwick Estates, and our trusted service partners, are very familiar with supporting leaseholders through the RTM process. Simply contact us for more information.
For some leaseholders they want ultimate control of their building so they come together to buy the Freehold. This may not work if leaseholders cannot raise the funds. It is often quicker to claim your Right to Manage to obtain management control. Leaseholders may proceed with buying the Freehold at a later date.
Finally, and in severe cases you can make an application to the Tribunal to appoint a manager. This will require you to demonstrate poor management but where this is possible then this procedure can work for you.