Can Leaseholders on Mixed Freehold and Leasehold Estates Change Their Managing Agent?
Published by Leaseholder Led · Independent guide — 14 March 2026
Yes — and in many cases without needing Right to Manage. If you live on a mixed-tenure development with both freehold houses and leasehold flats, the route to changing your managing agent is often faster, cheaper, and more straightforward than most residents realise.
The reason most people don't know this is simple: the leasehold sector is badly explained. RTM gets all the attention. But RTM is a tool designed specifically for leasehold flat buildings — it was never built to handle the roads, lighting, and landscaping that a mixed estate depends on. On a mixed estate, a different mechanism is often available. And it works.
Short answer
On most modern mixed estates, the developer set up a residents' management company (ManCo or RMC) before the first sale. That company appoints the managing agent under a management agreement. Management agreements can be terminated. If residents control the ManCo board, the board can vote to change agent — using ordinary company law, not a tribunal. The key document to check is the ManCo's Articles of Association, available free from Companies House.
Why Right to Manage Doesn't Solve This
RTM gives qualifying leaseholders a statutory right to take over management of their building from the landlord. That sounds exactly right — until you look at what it actually covers.
RTM applies building by building. It does not cover the estate-wide services that typically cause the most frustration on mixed developments: the roads and pavements, communal gardens and landscaping, drainage, shared car parking, and estate lighting. These services are usually managed under a separate estate management arrangement that RTM cannot touch.
There is also the freehold houses problem. RTM is only available to leaseholders. If your estate has freehold houses alongside leasehold flats — which is common on new-build developments — the freehold homeowners have no RTM rights at all. A solution that only works for part of the estate is rarely a real solution.
Key point
RTM is the right tool for changing the management of a leasehold block in isolation. On a mixed-tenure estate, the ManCo route typically delivers far more — covering all residents, all services, and the whole estate — in less time.
The ManCo Mechanism: How It Actually Works
On most modern new-build estates, the developer incorporated a residents' management company — a ManCo or RMC — before selling the first property. When you bought your home, your transfer deed (the TP1) required you to become a member of that company.
The managing agent is not embedded in that deed. FirstPort, Trinity Estates, or whoever manages your estate is appointed under a separate management agreement with the ManCo. Management agreements have notice periods and termination provisions. They are replaceable.
The critical question is therefore not what your deed says about managing agents. It is: who controls the ManCo? If residents hold — or can elect — a majority of director positions on the ManCo board, those directors can vote to terminate the management agreement and appoint a new agent. This is not a loophole. It is straightforward company law. No tribunal required.
Where to check first
Download the ManCo's Articles of Association from Companies House — it is free and takes two minutes. Look for: how directors are appointed, whether residents can elect a majority, and whether the developer retained any special voting rights. This one document will tell you more about your options than anything else.
Two Scenarios: Which One Applies to Your Estate?
| Situation | Timeline | Complexity |
|---|---|---|
| Scenario 1: ManCo already exists at Companies House | 3–6 months | Moderate |
| Scenario 2: No ManCo exists — one must be formed first | 6–12 months | Higher |
Scenario 1: The ManCo Already Exists
This is the most common situation on modern estates built from the late 1990s onwards. The developer set up a management company before the first sale. Every buyer became a member automatically. The structure is already in place — residents simply need to take control of it.
The steps involved are:
- •Download the ManCo's Articles of Association from Companies House (free)
- •Check whether residents can elect directors and whether the developer holds any veto rights or special share classes
- •If the developer still controls all directorships, requisition a general meeting — just 10% of members can do this under the Companies Act 2006
- •Pass an ordinary resolution (simple majority of votes cast) to appoint resident directors to the board
Once resident directors are in the majority:
- •The board votes to terminate the management agreement with the existing agent
- •Serve notice on the outgoing agent per the management agreement — typically 3 months
- •Appoint the incoming agent to take over on the same date, with no gap in management
Typical cost: £1,000–£3,000 in solicitor fees for the transition. Typical timeline: 3–6 months from decision to new agent in place.
Not sure where to start?
This is exactly what Leaseholder Led does. We assess your ManCo structure, confirm whether residents have the power to act, and then manage the full process — from director elections through to appointing the right incoming agent. There is no cost to residents. Find out how it works
Scenario 2: No ManCo Exists Yet
Some developments — particularly older estates or those built before the mid-1990s — have no pre-existing management company. The right to change the manager may still exist somewhere in the deeds, but there is no company structure in place to exercise it.
In this situation, residents need to form their own RMC before they can act. It is more work upfront, but it is achievable. The steps are:
- •Have a solicitor or conveyancer confirm that the right to change manager exists in your deeds and identify any required voting thresholds
- •Incorporate a private limited company at Companies House to act as the RMC — straightforward and low cost
- •Issue membership or shares to residents and elect an initial board of directors
- •Secure the required mandate from residents — your deeds may specify a threshold such as 50% or 75% of owners
- •Write formally to the existing manager exercising the right to replace them
- •Run a structured procurement process to identify the best incoming agent
- •Execute the transition with legal support to ensure continuity of management
This route carries significantly more legal complexity than Scenario 1. Professional legal advice before serving notice on the outgoing agent is essential, not optional.
Three Red Flags to Check Before You Do Anything
Not every estate is straightforward. Before taking any steps, check for these three warning signs. Any one of them can fundamentally change your options.
Embedded agent arrangements
On some estates — particularly those managed by Trinity Estates — the managing agent is not appointed under a management agreement at all. Instead, they are named directly in the deed as the management company itself. If this applies to your estate, the process described above does not work. Changing the arrangement requires either agreement of all parties or a court order. Always verify whether your agent is appointed under a management agreement, or whether they are the management company.
Management leases
Some developers granted the managing agent a long lease of management rights — sometimes for 25 or even 99 years. This is a fundamentally different legal arrangement from a standard management agreement and may be effectively irrevocable without negotiation or litigation.
Developer golden shares
Some Articles of Association give the developer a special class of share that carries veto rights over key decisions — including the appointment and removal of the managing agent. These provisions can persist long after the developer has sold all units on the estate. If a golden share exists, residents may not be able to act even after electing a majority of directors.
Not sure which situation applies to you?
Checking for these issues is one of the first things we do in a free initial consultation. We look at your ManCo structure, your deeds, and your management agreement before advising on whether — and how — you can proceed. Book a free call with Leaseholder Led
How Does This Compare to Right to Manage?
Many leaseholders on mixed estates are initially advised to pursue RTM. In most mixed-estate situations, the ManCo route is preferable:
| Right to Manage (RTM) | ManCo / RMC Route |
|---|---|
| RTM only covers leasehold flats | ManCo route works for freehold houses and leasehold flats |
| RTM covers your building only | ManCo route covers estate-wide services: roads, landscaping, drainage |
| RTM typically takes 5–18 months | ManCo route typically takes 3–6 months |
| RTM can be contested at tribunal by the freeholder | ManCo route uses ordinary company law — lower procedural risk |
| Not available if commercial premises exceed 25% of floor area | ManCo route is unaffected by commercial use |
In some cases, both routes are used on the same development simultaneously. Leaseholders in a specific block exercise RTM to take control of their building, while the estate ManCo separately changes the agent for the shared estate services.
Personal experience — Adam, founder of Leaseholder Led
Before starting Leaseholder Led, I led the managing agent change at my own 150-unit building in London — an 18-month process that involved RTM, a contested freeholder, and getting over 90% of leaseholders onside.
The single most important decision we made early on was taking proper legal advice to confirm exactly which route was available to us and what our constraints were. Getting the wrong answer at that stage would have cost us months — possibly the whole effort.
On a mixed estate, the stakes are even higher because freehold homeowners are involved alongside leaseholders, and the estate services matter to everyone. The structure needs to work for the whole community, not just the flat owners. That experience is the foundation of everything Leaseholder Led does. We help residents avoid the mistakes that derail most of these efforts — and we take on the complexity so you don't have to.
How Leaseholder Led Can Help Residents on Mixed Estates
Leaseholder Led specialises in guiding groups of leaseholders and homeowners through the full process of changing their managing agent. We work with mixed-tenure estates, RTM companies, and RMC-controlled buildings across England and Wales.
Our service covers everything:
- •Initial assessment — confirming which route is available to you and identifying any red flags
- •Leaseholder and homeowner engagement — building the mandate you need to act
- •RTM company formation where relevant — we can coordinate this as part of the wider process
- •Structured agent procurement — a properly run tender with published evaluation criteria and full leaseholder visibility
- •Transition management — ensuring a clean handover with no gap in management
No cost to residents
Our service is free to leaseholders and homeowners. The incoming managing agent covers our fee as a cost of winning the business — the same model used by independent financial advisers.
Whether you are just starting to think about this, or have already tried and hit a wall, we are happy to have a no-obligation initial conversation.
This guide is for general information only and does not constitute legal advice. The legal position varies between developments depending on the specific wording of transfer deeds, articles of association, and management agreements. For advice specific to your situation, consult a solicitor specialising in leasehold property. Leaseholder Led is not a law firm and does not provide legal advice.