Leasehold law - legal update
Section 22 Notices: How Much Detail Do Leaseholders Need to Give?
A recent Upper Tribunal decision provides useful guidance for leaseholders considering an application for a Tribunal-appointed manager: a Section 22 preliminary notice must clearly explain the complaints, but it does not necessarily need to contain every detail of the eventual case.
Short answer
A Section 22 preliminary notice must clearly identify the matters relied on, explain why leaseholders say those matters justify appointing a manager, and - where the matters can be put right - give a reasonable period in which to do so.
It does not need to contain every detail of the eventual Tribunal case. It is a formal statutory step under the Landlord and Tenant Act 1987, not a letter of complaint, and its practical purpose is to give the recipient a chance to resolve the problems before an application is made.
What is a Section 22 notice?
Section 22 of the Landlord and Tenant Act 1987 requires leaseholders to serve a preliminary notice before they can apply to the First-tier Tribunal for the appointment of a manager under Section 24 of the same Act.
The notice is a formal step, not a letter of complaint. Broadly, it identifies the matters relied on, explains why the leaseholders say those matters justify an appointment, and - where the matters are capable of being put right - gives the recipient a reasonable period in which to do so.
The purpose is practical. Tribunal proceedings are slow and expensive for everyone involved. If the problems can be resolved once they are set out clearly in writing, an application should not be necessary at all.
A Section 22 notice is the start of the process - it does not necessarily need to contain every piece of evidence that will later be relied upon before the Tribunal.
Why might leaseholders apply for a Tribunal-appointed manager?
Applications usually follow a long period of poor management rather than a single incident. The complaints we see most often include:
- Repairs and maintenance that are reported repeatedly and never completed.
- Service charge demands that are unclear, unsupported by accounts or apparently unreasonable.
- Accounts, invoices or insurance details that are not provided when requested.
- Major works carried out without proper consultation.
- Compliance and fire safety obligations that appear not to be managed.
- Correspondence from leaseholders and directors that simply goes unanswered.
Many of these issues are avoidable with straightforward residential block management and proper service charge management.
What happened in Ata v Sinclair?
In Ata v Sinclair [2024] UKUT 423 (LC), leaseholders served a preliminary notice under Section 22 and then applied for the appointment of a manager. The landlord's position was, in essence, that the notice was not good enough: that it did not set out the case with sufficient particularity to be valid.
The Upper Tribunal considered how much detail a Section 22 notice actually has to contain. The answer was a practical one. The notice must make the complaints clear enough that the recipient understands what is being alleged and, where the matters can be put right, what needs to be done. It does not have to read like a fully pleaded case with every document, date and figure that might later be relied on at a hearing.
That distinction matters. Leaseholders serving a notice are frequently unrepresented and working from limited information, often because the information they need has been withheld. A requirement to plead the case perfectly at the preliminary stage would make the statutory route far harder to use than Parliament intended.
Did the notice need more detail?
The Tribunal's approach was that a notice should be read as a whole and in a common-sense way, by reference to what a reasonable recipient would understand from it. The question is whether the recipient can tell what is complained about and what would need to change.
A notice is therefore not defeated simply because it is brief, because it does not attach supporting documents, or because the eventual Tribunal case is developed in more detail than the notice contained. What matters is that the substance of the complaints was communicated.
That is not a licence to be vague. A notice that lists general dissatisfaction without identifying anything specific is unlikely to give the recipient a fair opportunity to remedy anything, and is much more open to challenge.
What does "enough detail" mean in practice?
Usually sufficient
- Identifying the specific failings, such as named repairs left outstanding or accounts not provided.
- Explaining, in ordinary language, why those matters justify an appointment.
- Stating what needs to be done where the matters can be put right.
- Giving a clear and reasonable period for remedy.
Higher risk of challenge
- Generalised complaints about "poor management" with nothing specific behind them.
- No indication of what the recipient would need to do to put matters right.
- A remedy period so short that nothing meaningful could be achieved within it.
- Complaints raised for the first time in the Tribunal application that were never mentioned in the notice.
How long should the landlord be given to put things right?
There is no fixed period. What is reasonable depends on what is being asked for. Producing service charge accounts or an insurance policy is a very different task from procuring and completing external repairs.
A sensible approach is to set a period that genuinely allows the work to be started and progressed, and to distinguish between matters that can be resolved quickly and those that will take longer. Where major works are involved, the Section 20 consultation timetable itself takes time, and a notice that ignores that reality is unlikely to help.
Does the Tribunal automatically appoint the preferred manager?
No. Even where the grounds for an appointment are made out, the Tribunal must be satisfied that the proposed manager is suitable and that the appointment is just and convenient in all the circumstances.
The Tribunal will look at the manager's experience with buildings of that type, their professional standing and regulatory memberships, their proposed fees, and the practical terms of the management order. A proposed manager who cannot demonstrate they can run the building properly is unlikely to be appointed simply because the current arrangements are poor.
The process at a glance
A simplified overview only. Individual cases differ, and the steps and timing will depend on the facts and the building.
- 1
Management problems identified
Leaseholders record recurring failings such as unanswered repairs, unexplained service charges or missing accounts.
- 2
Section 22 preliminary notice
A written notice setting out the complaints relied on and, where the matters can be put right, what needs to change.
- 3
Opportunity to remedy
The recipient is given a reasonable period to address the matters raised before any application is made.
- 4
Section 24 Tribunal application
If the position does not improve, an application can be made to the First-tier Tribunal for the appointment of a manager.
- 5
Tribunal considers grounds and proposed manager
The Tribunal examines whether a statutory ground is made out, whether an appointment is just and convenient, and who should be appointed.
- 6
Management order
If satisfied, the Tribunal makes a management order defining the appointed manager's powers, duties and duration.
Section 22 appointment of a manager and Right to Manage are different legal processes.
Section 22 is not the same as Right to Manage
Both routes can change who manages a building, but they work in fundamentally different ways. The right route depends on the building, the leases and what the leaseholders are trying to achieve.
- Generally does not require proving poor management.
- Qualifying criteria apply to the building and the leaseholders.
- Management rights pass to an RTM Company owned by the leaseholders.
More detail in our Right to Manage (RTM) support guide.
- Intervention based on statutory grounds.
- The Tribunal decides whether an appointment is just and convenient.
- The manager's powers come from the Tribunal's management order.
Which route is appropriate is a legal question and should be considered with a specialist adviser.
What should leaseholders do before serving a Section 22 notice?
Gather the evidence
Collect correspondence, repair reports, photographs, service charge demands and accounts so the complaints are grounded in fact rather than frustration.
Read the lease
Establish who is actually responsible for what. Some complaints belong to the freeholder, some to an RMC, and some fall outside the lease altogether.
Raise the issues formally first
A clear written request often resolves matters, and it demonstrates that the problems were put to the recipient before a notice was served.
Talk to other leaseholders
An application is stronger, and far more practical, where leaseholders are aligned on the problems and the outcome they want.
Consider who could manage
The Tribunal will want to know who is proposed, what they would do and whether they are suitable for the building.
Take specialist advice
Section 22 and Section 24 are formal legal processes. Advice before serving a notice usually saves time and cost later.
What should landlords, RMCs and managing agents do if they receive one?
Do not ignore it
A notice signals that leaseholders are prepared to apply to the Tribunal. Silence rarely improves the position.
Work through each complaint
Deal with the matters raised individually and record what has been done, when, and by whom.
Provide the information requested
Accounts, invoices, insurance details and compliance records are frequently at the heart of the dispute.
Review the management arrangements
Where an agent is the source of the problem, changing agent may address matters more quickly than defending an application.
Fix the underlying process
Remedying one complaint while leaving the cause in place tends to lead straight back to the Tribunal.
Get advice on the response
A considered written response, supported by evidence, is far more useful than an informal reply.
Where the underlying problem is the agent rather than the structure, our guide to changing managing agent sets out how the process works in practice.
Good management prevents these disputes
Almost every appointment application we see could have been avoided. The pattern is consistent: repairs are not progressed, questions about service charges are not answered, accounts are late or unclear, and leaseholders eventually conclude that the only way to get a response is through the Tribunal.
Clear reporting, accessible records and a managing agent who replies promptly remove most of the fuel from these disputes long before a notice is contemplated.
How East Valley Properties can help
We work with RTM Companies, Residents' Management Companies, resident-owned freeholds and leaseholder groups who want management they can rely on and evidence when they need it.
Transparent service charge accounting
Budgets, demands and year-end accounts are prepared to the lease timetable with a clear breakdown of what is being charged.
Responsive communication
Leaseholders and directors receive answers, not silence. Most appointment applications begin with unanswered correspondence.
Planned maintenance and compliance
Fire safety, statutory testing and repairs are tracked so problems are dealt with before they escalate.
Proper consultation
Major works are consulted on correctly so leaseholders understand what is proposed and why.
Support for directors
RTM Companies and RMCs are supported with the governance and reporting their role requires.
Structured handovers
Where we take over a block, we review what has been done, what is outstanding and what needs correcting.
What does this mean in practice?
A Section 22 notice is the last step before a formal application, and in practice it is also the last realistic chance for the current arrangement to be put right. Both sides get more out of it by treating it seriously.
If you are one of the leaseholders
- Set out the specific matters relied on, with dates and examples, rather than a general complaint about poor service.
- Where a matter can be put right, say so and give a period that is genuinely workable - a fortnight to close out two years of compliance actions is not.
- Gather the paper trail first: unanswered emails, open fire risk assessment actions, missing accounts. Evidence is what makes a notice hard to dismiss.
If you are one of the freeholders
- Read the notice as a list of things to fix, not an attack. Most matters raised are operational and can be closed out.
- Respond in writing within the period given, item by item, with what has been done and by when.
If you are one of the rtm directors
- Remember this route is aimed at landlord management. If leaseholders want to take over management themselves, Right to Manage is usually the more direct path.
- If your own company is the one being criticised, treat the notice as a management review and fix the process gaps.
If you are one of the rmc directors
- Check whether the underlying problem is the agent rather than the structure. Changing agent is faster and cheaper than a Tribunal appointment.
- Keep board decisions and contractor chasers minuted. Poor records make good management look like bad management.
Common mistakes
Writing the notice as a list of grievances
The notice needs to identify the matters relied on and why they justify an appointment. Tone is not the issue - specificity is.
Giving an unreasonably short period to remedy
Where matters can be put right, the period has to be realistic for the work involved. A token deadline undermines the notice.
Confusing this route with Right to Manage
Section 24 appoints a manager because of how the building has been managed. RTM is a no-fault right. They lead to very different processes.
Relying on verbal complaints made over months
If it was never put in writing, it is difficult to evidence. Start the written record now, even if you never serve a notice.
Leaving it far too late
By the time compliance actions are years overdue, the building is more expensive to put right and the disruption is greater.
When to seek professional advice
Most questions on this topic are management questions rather than legal ones, and the two are worth separating. A managing agent can tell you how something works day to day and what it will cost. A solicitor tells you what your rights are and how a Tribunal is likely to view them.
Speak to a managing agent when
- You want an objective view of whether the building is genuinely being managed poorly or is simply under-funded.
- You need the compliance, accounts and repairs position audited before deciding anything.
- You are weighing up changing managing agent, Right to Manage or a Tribunal appointment and want the practical differences explained.
Take specialist legal advice when
- You are drafting or serving a Section 22 notice.
- You are preparing, or responding to, a Section 24 application.
- The lease, the parties or the matters relied on are complex or disputed.
East Valley Properties provides management expertise, not legal advice. Where a matter turns on the wording of your lease or on formal proceedings, we will say so and work alongside your solicitor.
Primary sources
The official material behind this guide. We summarise it in plain English rather than reproducing it.
- Landlord and Tenant Act 1987, section 22 - preliminary notice (legislation.gov.uk)
What the preliminary notice must contain and when it can be dispensed with.
- Landlord and Tenant Act 1987, section 24 - appointment of a manager (legislation.gov.uk)
The grounds on which the Tribunal may appoint a manager.
- Apply to the First-tier Tribunal (Property Chamber) (GOV.UK)
Official guidance on making an application and the forms involved.
- Upper Tribunal (Lands Chamber) decisions (GOV.UK)
The published decisions on notice content, read in full.
Please note: this article is general information about residential block management and is not legal advice. Proceedings under Section 22 and Section 24 of the Landlord and Tenant Act 1987 are formal legal processes with strict requirements, and the outcome of any case depends on its own facts. You should obtain specialist legal advice before serving a notice or applying to the Tribunal.
Written by Romain Maillard - Director, East Valley Properties
Romain manages residential blocks and estates for RTM companies, residents' management companies, share of freehold developments and freeholders across East London and Essex.
Published
Readers also ask
- Who Pays the Freeholder’s Costs in a Right to Manage Claim?Legal Updates · 9 min read
- Supreme Court Rules on Right to Manage Participation Notices: Avon Freeholds v Cresta CourtLegal Updates · 9 min read
- How to Choose a Managing Agent for Your BlockChanging Managing Agents · 14 min read
- New Cladding Funding for Buildings Under 11 Metres: What RMC and RTM Directors Need to KnowBuilding Safety · 11 min read
- Fire Safety, Cladding and Selling Flats in Stratford: What Leaseholders Need to KnowBuilding Safety · 12 min read
Related articles
Who Pays the Freeholder’s Costs in a Right to Manage Claim?
Since 3 March 2025, an RTM company and its members are not normally responsible for the freeholder’s legal and professional costs simply because an RTM claim is made. However, important exceptions remain.
Read guideSupreme Court Rules on Right to Manage Participation Notices: Avon Freeholds v Cresta Court
The Supreme Court has held that a failure to serve a notice inviting participation does not automatically invalidate a Right to Manage claim notice. What [2026] UKSC 31 decided, and what it means for RTM directors, leaseholders and freeholders.
Read guideHow to Choose a Managing Agent for Your Block
A due-diligence framework for RTM and RMC directors and freeholders: the selection process step by step, a printable 22-point comparison checklist, how to compare fees and credentials properly, and how to take useful references.
Read guideHave a Question About Your Building?
Whether you're an RTM Director, RMC Director, Freeholder or Leaseholder, our experienced block management team is here to help.
If your question could help other property owners, we may publish an anonymised version of the answer in our Knowledge Centre.
Need advice sooner?
Book a free consultation with East Valley Properties to discuss your building, service charges, compliance or managing agent requirements.
Concerned About How Your Building Is Being Managed?
East Valley Properties works with RTM Companies, Residents' Management Companies and resident-owned freeholds to provide transparent, responsive and professional block management.