§ Mr. MillerTo ask the Secretary of State for the Environment (1) what plans he has to make it compulsory for landlords to consult leaseholders in sheltered accommodation, where known, before the appointment of a managing agent in all circumstances;
(2) what reforms he plans to ensure that leaseholders in sheltered accommodation can dismiss or replace an unsatisfactory managing agent more easily;
(3) what plans he has to ensure that landlords and managing agents who breach the Landlord and Tenant Acts are prosecuted;
(4) what steps he has taken to ensure that leaseholders in sheltered accommodation are aware of their rights under the Landlord and Tenant Acts 1985 and 1987, and the Leasehold Reform, Housing and Urban Development Act.
§ Sir George YoungAll leaseholders are protected by the contractual terms of their leases, which define the rights and duties of landlords and tenants and the basis of service charges. In addition, the Landlord and Tenants Acts 1985 and 1987 give tenants additional statutory rights.
The Government have no plans to make it compulsory for landlords to consult leaseholders in any type of accommodation before appointing a managing agent. However, under the existing legislation, a recognised tenants association has the right, at any time, to serve a notice on the landlord asking him to consult the association about the appointment or employment of a managing agent. Tenants of flats, either individually or as a group, can apply to the county court for the appointment of a manager if the landlord or his agent is in breach of his management obligations.
In addition, if, in accordance with the Leasehold Reform, Housing and Urban Development Act, a group of tenants enfranchise and purchase the freehold of their block, they will be able to dismiss an unsatisfactory agent and appoint their own replacement.
Where a landlord has failed to comply with certain provisions of the Landlord and Tenant Acts the tenant has the right to seek redress through the courts. In certain cases the landlord may be committing a criminal offence and a local authority which is a housing authority may prosecute.
The Department issues press releases to draw attention to new or amended legislation which affects the rights of landlords and tenants. It also publishes information booklets on these rights from time to time which are supplied to the public on request. The booklets may also be obtained from local libraries and citizens-advice bureaux.