Leaseholders often feel disconnected from the management and finances of their building, particularly when a third-party investor with no real connection to the property handles these responsibilities, focusing primarily on collecting payments from flat owners.
While many freeholders manage their buildings and financial budgets effectively, there are instances where leaseholders find themselves dissatisfied with the level of management provided.
How to Take Over the Management of a Block of Flats
Disgruntled leaseholders have a few options:
- Enfranchisement: Force the freeholder to sell the freehold through a process known as enfranchisement.
- Right to Manage (RTM): Take over the management of the building from the freeholder.
- Enforcement Action: Seek legal action to compel the freeholder to address specific issues. However, this doesn’t prevent similar problems in the future.
How Does Enfranchisement Work?
Enfranchisement allows at least 50% of the flats in a building to join forces and compel the freeholder to sell the freehold to them. This process not only enhances the value of the flats but also gives owners control over the building’s management and finances. Additionally, once the freehold is acquired, flat owners can extend their leases, further increasing the value of their properties.
The cost of purchasing the freehold is determined by enfranchisement legislation. At Northmode Properties, we can connect you with a specialist valuer to estimate the likely cost of acquiring your freehold. It's important to note that flat owners are responsible for covering the professional costs of both the freeholder and their own.
How Does Right to Manage Work?
Alternatively, flat owners can band together to take over the management functions of their building from the freeholder, provided at least 50% of the flats are on board. This process allows leaseholders to control the service charge budget, maintenance contracts, building insurance, and other management responsibilities outlined in the flat leases.
While the flat leases remain unchanged and the freeholder retains ownership of the freehold (and may even become a member of the RTM group), leaseholders gain significantly more control over the management of their building.
Unlike enfranchisement, there is no purchase price for the RTM process. However, leaseholders are still responsible for the professional costs incurred by both the freeholder and themselves.
How Does Enforcement Action Work?
Our Dispute Resolution Team can assist with resolving service charge disputes and other issues between leaseholders and freeholders. The relationship between freeholders and leaseholders is typically governed by the flat lease but is also subject to additional legal regulations. Depending on the situation, legal applications to the Court or Tribunal may be necessary.
Points to Consider
Both enfranchisement and RTM have specific criteria that must be met, and there are additional considerations for enforcement actions.
In rare cases, enfranchisement does not necessarily result in leaseholders taking over management of the building.
We can provide estimates of the costs involved in any of these scenarios so that you and your neighbors can plan accordingly.
Specialist Leasehold Property Advisors
Our experienced team at Northmode Properties specialises in Right to Manage, Enfranchisement, and enforcement action procedures from start to finish. We offer a free initial consultation for all new clients, so if you're exploring your options for taking control of your building’s management or need more technical advice, please don't hesitate to call us at www.northmodeproperties.co.uk or contact us at info@northmodeproperties.co.uk.