Wednesday 22 December 2004 11.38am
Along with the lease advisory service mentioned above, you should know about the Residential Property Tribunal Service (RPTS... http://www.rpts.gov.uk/
). There are only 2 ways to be officially recognised as a tenants association as I understand it; a) to have your freeholder officially recognise you or having tried that and failed, b) apply to the RPTS for official recognition. The advantages of being officially recognised are outlined on their website. They also publish a booklet explaining how to set up a residents' or tenants association including offering a sample constitution and the conditions under which they'll recognise your group. The booklet is available as a pdf file and the HTML equivalent is here: http://www.rpts.gov.uk/html/guidance_tenass.htm
Also, since your goal is to get rid of your managing agents, you have 3 options: The right to enfranchisement (ie, you can force the sale of the freehold under certain conditions) and the right to manage (ie, you can gain the right to manage your building even as it remains owned by someone else under certain conditions). Failing those two options (which are fully described at the lease-advisory web site) you can take advantage of Section 24(1) Landlord and Tenant Act 1987
Where the management of a property by the landlord is bad, the tenants are
not eligible for the right to manage and there is no other remedy available
to the tenants which is likely to achieve any improvement, they may apply to
the LVT for the appointment of a manager.
The LVT mentioned above is the Leasehold Valuation Tribunal which is the leaseholder arm of the Residential Property Tribunal Service. You'll need to establish that your building has suffered from "bad management" which is explained at the Lease Advisory web site on the page which explains the various laws and rights.
You don't even have to be a recognised Residents or Tenants association to take advantage of this law but you do need to document both the "bad" quality of current management and your attempt to deal with the current managers in a reasonable way. If they don't change and you document everything, you can get the LVT to make a judgement either giving your group the right to manage or another management agency the right to manage.
Edited 1 times. Last edit at 22 December 2004 11.45am by Eric.