Residential Property Standards > Acting for the landlord: managing agents
Acting for the landlord: managing agents
8 Acting for the landlord: managing agents
This chapter considers property management from the perspective of managing agents (sometimes referred to as property managers, block managers or, in Scotland, as property factors) that typically manage whole blocks of flats or estates with communal areas. (For property management from the perspective of letting agents typically managing individual properties, see chapter 7.) This chapter focuses on maintaining the structure of the whole block and estate, the management of communal services and the recovery of costs by way of service charges and estate charges.
The vast majority of owner-occupied flats in England and Wales have been sold on a residential long-leasehold tenure, which is defined as a tenancy for a fixed term of more than 21 years. As this type of tenure is unique to England and Wales, this chapter focuses on the contractual relationships, statutes and Regulations specific to those regions. The principles, however, are applicable in Northern Ireland and Scotland where they do not conflict with the legislation of those administrations.
Although legislation typically uses the term tenant, this chapter uses the term leaseholder to represent the person who owns the leasehold interest and is liable under its terms to pay the service charge and ground rent. This is to avoid confusion with tenants under assured tenancies, ASTs, or regulated or secure tenancies who are referred to as tenants throughout these standards.
The Service Charge Residential Management Code (the Service Charge Code) is an approved code of practice under section 87 of the Leasehold Reform, Housing and Urban Development Act 1993, with which landlords in England and Wales are expected to comply. This chapter complements the Service Charge Code in areas of best practice expected of property managers acting for or as landlords. You should be aware of the detailed content of the Service Charge Code and ensure compliance on behalf of your clients.
In Scotland, the Property Factors (Scotland) Act 2011 introduced the legal requirement for a property factor to be registered and to comply with a statutory property factor code of conduct prescribed by Scottish ministers. At the time of writing, the register has not yet been established and the code is in early draft stages with Scottish government.
The Northern Ireland Law Commission (NILC) is currently reviewing legislation around multi-unit developments in Northern Ireland.
The guidance in this chapter will help you to meet the following principles in the Real Estate Agency Code:
|To conduct business in an honest, fair and professional manner.|
To carry out work with due skill, care and diligence and ensure that staff employed have the necessary skills to carry out their tasks.
Not to discriminate unfairly in any of their dealings.
|To ensure that all their communications are fair, clear, timely and transparent in all dealings with clients.|
|10.||To ensure that they make it clear to all parties for whom they are acting, and the scope of their obligations to each party.|
This chapter also provides guidance that will help towards meeting the relevant requirements of legislation summarised in chapter 12. You can read more about the Acts and Regulations in the specific sections shown in the table below. However, chapter 12 is not intended to be a fully comprehensive list of regulations and guidance notes that managing agents need to know. Therefore, they are referred to Appendix III of the Service Charge Code, which has a more extensive list of these.
- Commonhold and Leasehold Reform Act 2002 (in 12.3.10)
- Companies Act 2006 (in 12.2.11)
- Control of Asbestos Regulations 2006 (in 12.7.15)
- Control of Substances Hazardous to Health Regulations 2002 (in 12.7.7)
- Data Protection Act 1998 (in 12.5.1)
- Equality Act 2010 (in 12.4.2)
- Furniture and Furnishings (Fire) (Safety) Regulations 1988 (in 12.7.5)
- Gas Safety (Installation and Use) Regulations 1998 (in 12.7.3)
- Health and Safety at Work etc. Act 1974 (in 12.7.1)
- Housing Act 1988 (in 12.3.2)
- Housing Act 1996 (in 12.3.3)
- Housing Act 2004 (in 12.3.4)
- Landlord and Tenant Act 1927 (in 12.3.5)
- Landlord and Tenant Act 1985 (in 12.3.6)
- Landlord and Tenant Act 1987 (in 12.3.7)
- Law of Property Act 1925 (in 12.3.1)
- Leasehold Reform Act 1967 (in 12.3.8)
- Leasehold Reform, Housing and Urban Development Act 1993 (in 12.3.9)
- Protection from Eviction Act 1977 (in 12.3.13)
- Regulatory Reform (Fire Safety) Order 2005 (in 12.7.2)
- Rent Act 1977 (in 12.3.12)
- Supply of Goods and Services Act 1982 (in 12.2.4)
RICS professional guidance
- Code of measuring practice
- Commercial real estate agency standards
- New rules of measurement
- QS and construction standards
- Residential property standards
- Valuation standards
- Full list of RICS professional guidance
- 8.1 Securing instructions
- 8.2 Equal treatment for disabled people
- 8.3 General property management activities
- 8.4 Employing service contractors
- 8.5 Schemes with freehold houses
- 8.6 Retirement properties
- 8.7 Ground rent
- 8.8 Service charges
- 8.9 Safety
- 8.10 Risk assessments
- 8.11 Repairs
- 8.12 Consultation
- 8.13 Insurance
- 8.14 Disputes
- 8.15 Lease extensions, right to enfranchise, right to manage and mixed-use properties
- 8.16 Ending the instructions and handover process