Service Charges — LTA 1985 Obligations
The LTA 1985 ss.18–30B framework: service charges are only payable to the extent costs are reasonably incurred and services of a reasonable standard (s.19); qualifying works (>£250 per tenant) and qualifying long-term agreements (>12 months) require s.20 statutory consultation — failure limits recovery to £250 per tenant unless the FTT dispenses; landlords must provide a summary of costs on request (s.21) and allow inspection of accounts (s.22); service charge demands must include the landlord's name and address (s.47 LTA 1987) and s.48 notice of address for proceedings. Reserve funds must be held in separate designated accounts (s.42 LTA 1987) on trust for tenants.
Right to Manage — CLRA 2002 and LRHUDA 2024 Reforms
RTM (CLRA 2002 Ch.1) allows leaseholders to take over block management without compensation or proving fault. Qualifying conditions: self-contained building; at least 2 flats; two-thirds qualifying leaseholders (lease >21 years). LRHUDA 2024 removed the prior 50% participation threshold and expanded qualifying premises. Procedure: form an RTM company; serve notice of invitation to participate (NIP) on non-members; serve claim notice on freeholder; freeholder has 1 month for counter-notice; acquisition date at least 3 months after claim notice. Post-RTM: RTM company takes over all management; freeholder retains the freehold and enforcement rights for certain obligations.
Building Safety Act 2022 — Higher-Risk Buildings
Higher-risk buildings (18m+ or 7+ storeys; 2+ residential units) require: registration with the Building Safety Regulator (BSR/HSE); appointment of an accountable person (typically the freeholder) and principal accountable person (PAP) where multiple APs; a building safety case report demonstrating how structural and fire safety risks are managed; a Building Assessment Certificate (BAC) on BSR request; resident engagement framework. Failure to register is a criminal offence. Cladding remediation costs significantly restricted from service charge recovery by LRHUDA 2024; freeholders must pursue developers via BSA 2022 remediation contribution orders.
Managing Agents — RICS Code and FCA Regulation
Managing agents must: belong to an approved property redress scheme (TPO or PRS) — criminal offence since 2014; belong to a government-approved CMP scheme if holding client money — required since 2019; comply with the RICS Code of Practice (mandatory for RICS firms: fee transparency; client money; service charge accounts; major works procurement). FCA Consumer Duty and Insurance Distribution Directive: where agents arrange buildings insurance and receive insurer commissions, fair value and disclosure requirements apply. LRHUDA 2024 requires freeholders and agents to account to leaseholders for any insurance commissions received.