Leaseholders can apply to the Leasehold Valuation Tribunal (LVT) to resolve disputes they have with their freeholder. The types of disputes that the LVT will generally consider are:
- Whether the service charge being demanded is reasonable
- The tenant’s Right to Manage their own estate or block of apartments
- The procedure for the tenant’s Right of First Refusal when the landlord wishes to sell
- The terms of extending any leases which are due to expire
- Compelling the landlord to sell the freehold (see also our Enfranchisement Services section)
Most people don’t appreciate that the landlord’s powers are strictly limited by the terms of the lease – for example, if the landlord has incurred an expense which is not included in the definition of Service Charge, then it may be irrecoverable. We have the expertise to review your lease and provide an opinion swiftly.
In addition, all service charges and administrative charges must be reasonably incurred. Although what is reasonable differs from case to case we can advise you whether a particular clause is enforceable or if it is advisable to apply to the LVT for a determination.
Right to manage
Sometimes if the landlord is not living up to its responsibilities in the lease, the tenant’s may decide to manage their estate or block for themselves. However, there is a strict procedure to follow. Our experience ensures that the procedure is followed correctly and efficiently.
The advantage of Right to Manage is an increased level of control in the management of your house or flat, allowing maintenance to be carried out when you want it to be. Costs such as management fees are often avoided which further reduces your outgoings and boosts your property value.