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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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Hi, I own apartment within a purpose built apartment block

Resolved Question:

Hi,
I own apartment within a purpose built apartment block considering of ground floor & first floor apartments. My apartment is separate to the main building. I have my own front door & do not use the communal entrances etc.
I used to pay £35 a month to the management company & those in the main building paid £65 a month.
Over 3 years ago the management company went into administration & no one is looking after the building or the grounds. I now have my own insurance for my apartment to cover me however the main building had no insurance and if the building burnt down it could not be rectified.
The grounds are now very run down, the gate to the entrance was never erected, the fence panels are missing & falling apart, rubbish thrown around everywhere. Since this had happened the value of my property had almost halved.
I cannot afford to put the damage right & it is only going to get worse.
I am very worried about my investment as I am in negative equity with no way of putting right the damage.
Most of the apartments are rented & the landlords have no interest in trying to start our own management company and bring the apartment grounds & block back up to standard.

I would like to know my rights. Surely it is illegal not to have a management company? What can I do & where do I stand?
Any help will be greatly appreciated.
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Yes, there is something you can do about this.

Customer: Please advise?
tdlawyer :

You can make an application under s.24 of the Landlord and Tenant Act 1987 (http://www.legislation.gov.uk/ukpga/1987/31) which is to the leasehold valuation tribunal. If the management company has gone insolvency and is unable to do its work etc., then the tribunal can make an order appointing a new manager to the estate.

tdlawyer :

To effectively fill the shoes of the management company that has gone bust.

Customer: Who would fill this post and how do you get the other owners to pay?
Customer: Also is there a charge to carry out the above advise?
tdlawyer :

The LVT would nominate a professional manager.

Customer: i have looked at this link provided. Please can you provide a link where I can start the application & also reply to my other question regarding cost of this service?
tdlawyer :

There is no cost involved, the managing agent gets their cost from the service charge that is collected.

Customer: And the link?
tdlawyer :

The form you need is here: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=3086

Customer: Great thank you. how long does this process take
tdlawyer :

This would talk about 3 - 4 months start to finish I think.

Customer: Ok. That's not too bad. One thing that I am worried about is if the new management company will expect back payments for the years the block hasn't been maintained as I know we would not be able to pay this due to the fact that no one was looking after the building and grounds for those years
tdlawyer :

They wouldn't want costs for managing the estate prior to their appointment.

Customer: ok thanks for your help.
tdlawyer :

Thank you. Are you happy with the service today?

Customer: Yes great thanks
tdlawyer :

Fabulous. Thank you!

tdlawyer :

Is there anything else I can assist with?

tdlawyer and other Property Law Specialists are ready to help you