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If the majority of residents object to the system the landlord proposes, what rights or options do they have?

Residents’ views should be taken into account when arriving at a decision, regardless of whether there is a legal requirement to do so. However, it is not always possible to arrive at a consensus and the person responsible will have to make a decision. In England and Wales, leaseholders may have recourse to a Leaseholder Valuation Tribunal to challenge the decision or proposed course of action and Tenants the Rent Assessment Panel. In Scotland, the Tenements Act provides some protection for flat owners.

If there is a residents’ association or a tenants’ group who could represent residents’ views, residents could act together through them to talk to or petition the landlord or property manager. If it is the landlord, factor or property manager’s responsibility under the terms of the agreement to check or upgrade the system, and they are unwilling to do so then residents could contact their MP, local councillor, Citizen’s Advice Bureau or Law Centre to ask for assistance in persuading them to take action. If these approaches are unsuccessful, it may be necessary to instigate legal action.

 

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