What rights do leaseholders in England have against management companies?
Leaseholders in England have significant statutory rights, including the right to challenge unreasonable service charges at the First-tier Tribunal (Property Chamber), the right to request a written summary of service charge accounts, and the right to inspect supporting documents. These rights cannot be contracted out.
What is the right to manage and how do I exercise it?
The right to manage (RTM) allows leaseholders in a building to take over the management of their block from the freeholder without having to prove mismanagement. At least half of the qualifying tenants must participate. You form a Right to Manage Company and serve a formal RTM notice on the freeholder.
How do I challenge a service charge I believe is unreasonable?
You can apply to the First-tier Tribunal (Property Chamber) for a determination that service charges are unreasonable or have not been reasonably incurred. The tribunal is independent, relatively informal, and does not require legal representation. Fees are low compared to county court proceedings.
What did the Leasehold Reform (Ground Rent) Act 2022 change?
The Leasehold Reform (Ground Rent) Act 2022 banned ground rents on new residential leases in England and Wales, reducing them to zero. This applies to leases granted on or after 30 June 2022. Existing leases with ground rent provisions are unaffected unless they are renewed.
What is a Section 20 consultation and when must it happen?
Under Section 20 of the Landlord and Tenant Act 1985, your landlord or management company must consult leaseholders before carrying out qualifying works costing more than £250 per flat, or entering a long-term qualifying agreement exceeding £100 per flat per year. Failure to consult limits their recovery to those thresholds.
Can I challenge insurance commission charged by a management company?
Yes. Management companies must disclose commissions, remuneration, or profit they receive in connection with arranging buildings insurance. You can challenge undisclosed or excessive insurance costs at the First-tier Tribunal as part of a service charge dispute.
What protection do leaseholders have against forfeiture of their lease?
Forfeiture is an extreme remedy and courts are reluctant to allow it. Under the Housing Act 1996, a landlord cannot forfeit a residential lease for breach of a service charge obligation unless the amount has been admitted, agreed, or determined by a tribunal or court. There are also restrictions on forfeiture for small amounts.
Is there free advice available for leaseholders in England?
Yes. The Leasehold Advisory Service (LEASE) provides free impartial advice to leaseholders, freeholders, and landlords in England and Wales. You can call them or use their online guidance at lease-advice.org. They can help you understand your lease, your rights, and what options you have.
Can I use RICS arbitration to resolve a leasehold dispute?
The Royal Institution of Chartered Surveyors (RICS) offers dispute resolution services including arbitration and expert determination for property disputes. This can be quicker and less formal than tribunal proceedings, though both parties must agree to use it.
How does uplaw.ai help with a leasehold dispute in England?
Tell us your specific issue — whether it is a service charge dispute, a Section 20 challenge, a right to manage question, or a forfeiture threat — in the chat. We help you understand your rights under your lease and statute, and guide you towards the appropriate tribunal, LEASE, or RTM process.
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