First-tier Tribunal: Freehold

Ministry of Housing, Communities and Local Government written question – answered on 15th April 2019.

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Photo of Laurence Robertson Laurence Robertson Conservative, Tewkesbury

To ask the Secretary of State for Housing, Communities and Local Government, if he will make it his policy to enable freeholders to access First Tier Tribunals (property chamber); and if he will make a statement.

Photo of Heather Wheeler Heather Wheeler Parliamentary Under-Secretary (Housing, Communities and Local Government)

The Government has committed to ensuring that freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate can access equivalent rights as leaseholders to challenge their reasonableness.

We intend to create a new statutory regime for freeholders based on the leaseholder rights contained in the Landlord and Tenant Act 1985. This will ensure maintenance charges must be reasonably incurred and services provided are of an acceptable standard. We will provide freeholders with the ability to challenge the reasonableness of the charges they are required to pay towards the maintenance of communal areas and facilities at the First-tier Tribunal. We are also considering whether freeholders should have a right to change the provider of maintenance services by applying to the tribunal for the appointment of a new manager. We will bring forward legislation as soon as Parliamentary time allows.

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