How to remove a managing agent from your block of flats

Can leaseholders remove a managing agent?

The answer depends on who appointed the managing agent in the first place. If your freeholder appointed the agent under a contract between themselves and the agent, leaseholders generally cannot remove that agent directly. The contract is between the freeholder and the agent, not between leaseholders and the agent. However, leaseholders do have meaningful routes to force a change.

If your building is managed by an RTM company or a freehold company that leaseholders control, then removing the managing agent is straightforward in principle: the company simply terminates the management contract and appoints a new one. The harder situations are where the freeholder retains control of the appointment.

Route one: apply to the First-tier Tribunal to appoint a manager

Under Section 24 of the Landlord and Tenant Act 1987, leaseholders can apply to the First-tier Tribunal for an order appointing a manager of the building. This remedy is available where the landlord or their managing agent has failed to comply with a management obligation under the lease, and it would be just and convenient to appoint a manager.

This is a significant remedy. The Tribunal can appoint an independent manager to run the building, effectively removing the current management arrangements. The standard of proof required is that there has been a breach of the management obligations, so you will need evidence of the failures you are complaining about. Examples that Tribunals have accepted include persistent failure to maintain the building, failure to arrange proper insurance, and failure to account for service charge money.

Route two: use the Right to Manage

The Right to Manage is often the more practical and less adversarial route to removing a managing agent you are unhappy with. Rather than applying to the Tribunal to prove the freeholder has breached their obligations, you simply exercise your legal right to take over management. The freeholder's managing agent has no role once the RTM company takes over.

Once you have the Right to Manage, you can appoint a different managing agent, change contractors, and run the building in the way you see fit. This is often a cleaner outcome than a Tribunal-appointed manager, because the RTM company retains long-term control rather than management being placed in the hands of an external professional who may not have the same local knowledge or incentives as the leaseholders themselves.

You can check if your building qualifies for the Right to Manage and read about the full RTM process to understand what is involved.

What if the managing agent is breaching their own code of conduct?

If your managing agent is a member of a professional body such as the Property Institute, they are bound by a code of practice. You can make a complaint to the professional body about conduct that breaches their code. This is rarely enough to force a change of agent on its own, but it can be a useful part of building a case, and some agents respond to formal complaints when they would not respond to direct requests.

From October 2023, managing agents of residential buildings are required to belong to a government-approved redress scheme. You can make a complaint to the redress scheme if your agent is not resolving your complaint satisfactorily. The redress scheme can award compensation and require the agent to take certain steps, though it cannot on its own remove the agent from your building.

How do you build the evidence needed to take action?

Start keeping records now if you are not already doing so. Document every maintenance issue you report and whether and when it is addressed. Keep copies of all service charge demands and accounts. Note instances where you have requested information and it has not been provided. If other leaseholders share your concerns, coordinate with them to build a collective record of the problems.

A well-documented complaint is more likely to be taken seriously, whether it is directed at the agent, the freeholder, a professional body, or a Tribunal. It also strengthens any RTM claim, because it shows that leaseholders have a genuine and specific reason for wanting to take over management.

What about ongoing contractual obligations?

If the freeholder has a long-term management contract with an agent, removing that agent before the contract expires may expose the freeholder to a claim for breach of contract from the agent. This is the freeholder's problem rather than yours, and it does not prevent leaseholders from taking the RTM route. Once management transfers to the RTM company, the RTM company is free to appoint whoever it wishes. Any contractual dispute between the freeholder and their former managing agent is between them.

If you want broader guidance on your options as a leaseholder when management is failing, you can find more in our guides for leaseholders.

This article is for educational purposes only and does not constitute legal advice. Every situation is different — if you need guidance specific to your building or lease, please consult a qualified solicitor.