High Service Charges or Bad Managing Agents?
12th August 2009 by: Daniel Robin
Are you unhappy with the high service charge bills you receive or feel that your managing agent or landlord is doing a poor job of looking after your block of flats? If the answer to those questions is "Yes" then you might consider making an application to take over the management of your building.
Right to Manage is currently a more popular option than purchasing the freehold of your block because it is a relatively low cost means of obtaining control of your building without spending a premium.
The provisions allowing lessees to take over the Right to manage of their building were brought in by the Commonhold and Leasehold Reform Act 2002 and so it is a surprise that even today, nearly seven years after those provisions were first brought in lessees feel that there is nowhere for them to obtain information about the process and are put off by this alleged dearth of information. There are several websites that have information on the process, for example the Lease advice website or Leasehold Life, which gives practical information on the process.
However, it is always advisable to obtain specialist advice before you embark on the process so that you find out what your rights and obligations might be. The legislation requires that lessees set up a right to manage company and there are certain qualification criteria which you must meet before serving a notice of claim on your landlord. The legislation is relatively complex and there are pitfalls to the procedure which if implemented incorrectly can be costly and delay you taking over the management of the building.
Seddons' enfranchisement team are well versed in the legislation and procedure. We are experienced in advising clients as to whether they are able to assume management of their block and helping garner support from other leaseholders within the block.
We have prepared an Enfranchisement Leaflet and if you would like a copy or you would like to know more about the Right to Manage procedure please contact Daniel Robin on 020 7725 8065 or Jane Canham on 0207 725 8055.
Right to Manage is currently a more popular option than purchasing the freehold of your block because it is a relatively low cost means of obtaining control of your building without spending a premium.
The provisions allowing lessees to take over the Right to manage of their building were brought in by the Commonhold and Leasehold Reform Act 2002 and so it is a surprise that even today, nearly seven years after those provisions were first brought in lessees feel that there is nowhere for them to obtain information about the process and are put off by this alleged dearth of information. There are several websites that have information on the process, for example the Lease advice website or Leasehold Life, which gives practical information on the process.
However, it is always advisable to obtain specialist advice before you embark on the process so that you find out what your rights and obligations might be. The legislation requires that lessees set up a right to manage company and there are certain qualification criteria which you must meet before serving a notice of claim on your landlord. The legislation is relatively complex and there are pitfalls to the procedure which if implemented incorrectly can be costly and delay you taking over the management of the building.
Seddons' enfranchisement team are well versed in the legislation and procedure. We are experienced in advising clients as to whether they are able to assume management of their block and helping garner support from other leaseholders within the block.
We have prepared an Enfranchisement Leaflet and if you would like a copy or you would like to know more about the Right to Manage procedure please contact Daniel Robin on 020 7725 8065 or Jane Canham on 0207 725 8055.
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