Preliminary Notice Procedure
Preliminary Notice to the Landlord
Before any application is made to the First-tier Tribunal (Property Chamber) … the FTT … for the appointment of a Manager, the leaseholder or leaseholders must serve a Preliminary Notice under S22 of the Landlord and Tenant Act 1987. The notice must be served on the Landlord and any other person who is under a duty in respect of management; for example a managing agent. The notice must state:
- the name and address of the leaseholder/leaseholders making the application;
- the address for the service of notices;
- that the leaseholder/leaseholders intend to seek an Order, but may not do so if the requirements set out in part 4 of the Preliminary Notice met;
- the grounds on which the Order will be sought, and the matters which will be relied upon in establishing those grounds;
- those matters that are capable of being remedied, and that they should be remedied within a reasonable time limit which is specified in the notice.
If the landlord fails to remedy the matters set out in the Preliminary Notice, or if there are other grounds, then the leaseholder/leaseholders may proceed with the application to the FTT.
A template for the Preliminary Notice is available to download here. Note: The form was change from 1st July 2013, so LVT should be replaced with FTT throughout.
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