Appointing Management via the LVT

This method of appointing replacement management through the LVT is sought when all other complaints mechanisms have failed such as complaints made to the freeholder, RMC Directors, and the use of the complaints procedure of the managing agent. Where such management issues are severe (and the criteria for RTM, collective enfranchisement and compulsory acquisition of the freehold cannot be met) then a leaseholder (or several) may conclude that they have no choice but to appoint a manager this way.

In direct contrast to the other mechamsim of removing management, (the no-fault route of RTM) this route is fault-based and not only do you have to secure an alternative managing agent that you wish the LVT to appoint but legal advice/representation is usually recommended, not least because you will have to draw up a draft Management Order.

There has to be a breach of  obligations to the leaseholders, unreasonable service charges have been demanded, or proposed, there are breaches of the relevant codes of practice under s87 of the 1993 Act, faiure to comply with s42 of the Landlord and Tenant Act 1987 (holding service charge monies in trust) and any other circumstances where it is just and convenient for the order to be made.

Before proceeding to the LVT, a s22 Notice must be served on the freeholder, not the managing agent. This will set out the faults under which the appointment is being sought.

Note: This right is not available to any leaseholder with a lease granted of less than 21 years.