© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
On 19th November 2009, BBC Breakfast News reported about the recent CARLEX campaign concerning complaints retirement flat owners have about the way their buildings are owned and managed. The show was followed by a report on BBC Working Lunch, following which Nicolas Shulman, founder of News on the Block, the leading independent publication providing help and advice to leaseholders, was invited to the studio to provide further guidance to worried flat owners. He explained that leaseholders have various options depending on whether they are acting alone or collectively with their fellow flat owners.
Service Charges
If acting alone, then individual charges can be challenged as unreasonable. In the first instance communication with the relevant landlord or managing agent is preferable. Failing that an application can be made to the Leasehold Valuation Tribunal.
Right to Manage
If acting collectively, as many CARLEX supporters appear to be doing, then the right to manage procedure is an alternative. This is a no fault procedure which is cost effective and normally can be completed within just a few months. The procedure puts the flat owners in control of the management of their building although the landlord remains the ultimate owner. In this way the flat owners can decide who manages their building and how it is managed. Some buildings, having successfully acquired the right to manage choose to self manage their block afterwards. Others prefer to instruct an alternative managing agent of their choice.
Appointment of a manager
In extreme circumstances, the leasehold valuation tribunal can be asked to appoint a manager in place of the existing managing agent. This procedure is different to the right to manage. We have received a number of responses as a result of the Working Lunch show requesting further information on the difference between the two. You will find some helpful articles written in News on the Block linked to at the end of this article. The important difference between the right to manage and appointment of a manager is that the latter is a fault - based procedure and can only be used in a limited number of circumstances. The LVT view this type of order as a draconian sanction on the management of the building and therefore requires strong evidence of mis-management before they will make such an order. This is why the right to manage process, which does not require fault to be proved, is generally preferred in cases where support from at least 50% of the flat owners can be mustered.
Buying your freehold (Enfranchisement)
This is the ultimate achievement for flat owners seeking full control of their building, as they not only step into the shoes of the landlord but in so doing take control of the management as well. We have written many articles about the issues concerning enfranchisement and interested readers are encouraged to consider these articles for further information.
If you are a leaseholder and would like any further information about the topics discussed here, please see the following links:
Click here to view the BBC working lunch television programme from 19th November 2009
Click here for some useful articles about right to manage
Click here for useful articles about appointment of a manager
Click here for some useful articles about Enfranchisement
Click here for CARLEX Report on BBC Breakfast and Working Lunch
More detailed information can be found in 'Being a Leaseholder - The essential guide to owning a flat' - Available for just £12.99 by calling 0845 618 7746 or by visiting http://www.beingaleaseholder.co.uk