LBMW is one of the foremost experts in the country in all matters related to Schemes of Management.
Some advisors treat schemes of management as if they were simply landlords of tenanted properties but, whilst there are similarities, that ignores important differences: schemes are subject to different statutes and are usually created for a specific purpose. We advise a number of the largest scheme operators in the country on a daily basis in relation to all issues that arise in their operation.
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These areas include but are not limited to:
- Enforcement of restrictive covenants: freeholders are normally subject to restrictive covenants contained in both the scheme and the freehold transfer which may limit their right to make alterations to their property. This can often result in intentional or accidental breaches which the scheme operator may require to be remedied. We are experts in obtaining injunctions compelling freeholders to reinstate their property.
- Recovery of management charge areas: whilst management charges are often relatively low, non-payment can accumulate quickly and a marker needs to be put down to ensure residents pay regularly. We can offer cost effective solutions for recovery of these sums
- Defence of applications under s.84 of the Law of Property Act 1925: a freeholder who has breached, or proposes to breach, a restrictive covenant may apply to the Upper Tribunal (Lands Chamber) for the covenant to be amended or discharged. We have successfully defended a number of such applications on behalf of scheme operators which has led to some of the most important case law in the area.
- Constitutional and policy queries: we are routinely consulted by scheme operators about how their scheme should be interpreted, how committees should be formed and decisions made and in relation to any policies or guidance they may publish.
- Applications to amend a scheme of management: amending a scheme is a complex and time consuming process that requires expert advice which we are able to provide.
We also advise freeholders whose properties are subject to a scheme of management in relation to their rights and, if necessary, remedies against scheme operators.
