Tribunal Appointed Manager Secured for Leaseholder After 15 Years of Freeholder Neglect

A long-suffering leaseholder in Brighton has successfully secured the appointment of a Tribunal appointed manager after over 15 years of disrepair, neglect, and unresponsiveness from their freeholder.

This niche leasehold case was handled from start to finish by Ricky Coleman, specialist leasehold solicitor based in Brighton, who provided strategic advice, prepared the case, and represented the leaseholder at the First-tier Tribunal hearing.

Background: Years of Neglect and Poor Management

The building, located in Brighton, consisted of three flats held on long residential leases. One flat was owned by the freeholder, another by an absent landlord operating a buy-to-let, and the third by a leaseholder who had endured years of frustration due to the building's worsening condition. In short, only the resident leaseholder really cared about the building, the other parties simply collected rent without regard to the living conditions.

The freeholder failed to carry out basic maintenance, did not produce insurance documents or service charge accounts when asked, and undertook amateur repairs himself instead of hiring professionals. Over time, the property deteriorated severely—leading to water ingress, internal plaster damage, electrical safety concerns and structural issues with balconies.

The most serious issue was a flat roof in poor condition, so bad that residents had to install a tarpaulin to shield their homes from the elements. For the affected leaseholder, this created miserable living conditions whenever it rained, not to mention making the flat impossible to sell if required.

Exploring Legal Options with a Brighton Leasehold Solicitor

After years of frustration, the leaseholder sought informal advice from Ricky Coleman, a well-known leasehold solicitor in Brighton and advisor at the Brighton & Hove District Leaseholders Association.

Ricky advised that collective enfranchisement or a Right to Manage (RTM) claim would require the support of a second leaseholder—something not possible in this case. With limited options, Ricky recommended applying for a tribunal appointed manager under Part 2 of the Landlord and Tenant Act 1987. We have an advice note on this legal remedy here for more information.

The building qualified for this remedy — containing at least two flats with no resident landlord, and the leaseholder began preparing for a formal application to the First-tier Tribunal (Property Chamber).

Preparing the Application: Legal and Practical Challenges

The process began with serving a preliminary notice to the freeholder, listing several breaches of lease obligations: failure to maintain a reserve fund, plan for long-term works, carry out essential repairs, and ensure adequate building insurance being the key breaches of the lease.

At the same time, the leaseholder had to identify a suitable property professional. The manager needed to be experienced, fully insured, and prepared to be accountable to the Tribunal during the management term. This is a fairly serious undertaking and the Tribunal will not usually appoint an inexperienced manager or flat owner to be this position.

Graeme John, an experienced Sussex-based property manager, was selected and agreed to accept the appointment if granted.

First-tier Tribunal Hearing and Outcome

Ricky Coleman, acting as both leasehold solicitor and advocate, prepared the application, drafted witness statements, and conducted the hearing himself. The Tribunal inspected the property to ascertain the levels of disrepair and heard evidence from both parties.

The leaseholder gave detailed evidence about the impact of the disrepair—including damage to walls, fear of using light fittings due to water ingress, and the psychological toll of living in a poorly managed building and not knowing if it was insured.

The freeholder offered little justification for their failure to manage the building over a 15-year period or hire professional help. Interestingly, and perhaps in a sign of a complete lack of self-awareness, the freeholder one point argued that the leaseholder could have managed the building if they wanted, which didn't go down very well with the Tribunal.

The Tribunal found that multiple breaches of the lease had been proven, that the RICS management code hadn't been followed at all, and that it was “just and equitable” to remove management responsibilities from the freeholder.

Tribunal Appoints Manager with Immediate Powers

The Tribunal appointed Graeme John as Tribunal appointed manager for a two-year term. He was granted immediate authority to:

  • Raise service charge funds from all leaseholders (including the freeholder)

  • Commission a full structural survey

  • Plan and implement a program of urgent and long-term repairs

This marked a turning point for the leaseholder, ensuring professional oversight and long-overdue repairs could finally begin. The right is registerable at the Land Registry and will be in place for at least 3 years, with an option to apply for an extension. A true long term solution.

Why Having an Experienced Leasehold Solicitor Matters

This case highlights the benefits of working with an experienced Brighton leasehold solicitor who understands leaseholder rights, local tribunal practice, and the unique dynamics of small buildings with unresponsive landlords.

Ricky Coleman’s unique skillset—from strategic advice through to tribunal advocacy—meant the leaseholder didn’t just get legal paperwork filed; they had a consistent, knowledgeable voice advocating their case from start to finish.

Can you apply for a Tribunal appointed manager?

If you’re a leaseholder in Brighton struggling with a negligent freeholder, or wondering whether a tribunal appointed manager could be the right solution for your building, Peppercorn Law can help.

Get in touch and we will check if you qualify for this option, whilst looking at whether another option is more suitable in your particular case.