By Steve Roulstone
As a Letting agent who also offers Block Management services, it is a common scenario for us to have Landlords who have just purchased a Leasehold property to question what is behind the charges that are linked to Leasehold properties. We feel this is because, whether purchased new from a developer or through a Private sale, it seems the information given by the legal profession in explaining why and what the charges cover can lack depth.
Part one- who does what.
So this Blog which is in two parts is to confirm the differing scenarios you can be faced with when buying a Leasehold property. You would think this part would be straight forward, but it is not, as we fulfil a role where we can be employed by either side of a responsibility fence and at times made to look as if we are on the side of the Freeholder and at others holding up the rights of the Leaseholders. Complicated it is, but here as ‘Part one’ are the differing Management structures.
Freehold Controlled.
The Freeholder, if a Right to Manage (RTM) Company has not been set up, will control who does run the site, usually through a Managing Agent that they appoint and this is where the major difference lies. The Agent is therefore beholden to its client the Freeholder. The Leaseholders still pay in the same way as they would under any RTM but it is the freeholder and not the Leaseholder that has the power to control the budgets. It can therefore seem to the uninitiated that the Agent is working against the Leaseholder especially if the Leaseholder does not get their way when considering the site requirements.
Freeholder controlled with Resident input.
This is why on many sites where a Management Company has not been set up either by the Freeholder or the Lessees through RTM a Residents Committee will exist enabling lessee input into day to day decisions about the running of the site. This is where problems can occur, because clear lines of authority become vague concerning who can request what and with what authority. It is a situation I shall return to.
RTM
More often than not nowadays, plans are drawn up for the site to be handed over to the control of a Management Company Ltd, who will be written into the Lease as the organisation responsible for running the site and appointing a Managing Agent. Handover would normally happen once a site is complete; this allows the builder to run the site until completion, although the payments and expenditure items will be a liability of the Leaseholder from day one. The Management Company would then take over the formal running of the site and be run by Directors appointed from Leaseholders with again, the Lease directing how such appointments are made. These positions are confirmed through the AGM attended by all Leaseholders once a year. Once the site is completed, the Freehold is then also passed on to the Management Company, who may or may not as the Company decides, continue to collect Ground Rent.
RTM with Freeholder.
The other manner in which sites are run is where the Freeholder retains the Freehold and collect Ground Rent, however the RTM Company continues to run the site is exactly the same manner as the Freehold owning RTM and in fact little will be heard of from the Freeholder under this style of Management. This would normally happen on a smaller site developed by a smaller builder, but once again the Lease will dictate the rights and requirements of the parties concerned.
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