The right to manage blocks of flats—establishing the right
The right to manage blocks of flats—establishing the right

The following Property guidance note provides comprehensive and up to date legal information covering:

  • The right to manage blocks of flats—establishing the right
  • Excluded premises
  • Preliminary considerations

Before enactment of Landlord and Tenant Act 1987, Part II (LTA 1987) the court had always possessed a broad jurisdiction to appoint a receiver to take over the management of any property (including a block of flats) whenever it appeared just and convenient to do so. However, the jurisdiction was rarely invoked in relation to blocks of flats, probably because of the costs involved and the need in most instances to prove default on the part of the landlord or the managing agents as regards performance of the landlord’s repair, maintenance or insurance obligations under the lease.

LTA 1987, Part II provided a substitute remedy by giving (what are now) the First-tier Tribunal (Property Chamber) in England and the leasehold valuation tribunal in Wales the power to appoint a manager to take over the management of premises containing flats; however, the jurisdiction is also only available where there is some default on the part of the landlord or the managing agents in the performance of the landlord’s repair, maintenance or insurance obligations under the lease, or if the landlord has sought to charge excessive service or administration charges. Even if there is sufficient proof of these matters, the tribunal still needs to be satisfied in addition that it is ‘just and convenient’ to make the appointment.

In order to overcome the difficulties that