Part 5 - Regulation of Estate Management Section 89: Notice of complaint
Sections 89 to 93 taken together seek to introduce measures which allow homeowners on managed estates to apply to the appropriate tribunal in order to appoint a substitute manager in cases of serious management failure.
	Section 89 sets out the process for an owner of a managed dwelling to give a notice of a complaint to an estate manager. Subsection (1) gives an owner of a managed dwelling the right to give a notice of complaint to an estate manager.
	Subsection (2) defines a notice of complaint as a notice that: (a) sets out one or more complaints listed in subsection (3) in relation to the estate manager; (b) states that if the complaints are not remedied by the end of the qualifying period (subsection (7)), the owner may make an application to appoint a substitute manager; and (c) contains any other information specified in regulations made by the Secretary of State.
	Subsection (3) details the complaints which can be included in the notice in relation to the substitute manager. The grounds for complaint comprise: (a) the estate manager is in breach of an obligation in relation to the dwelling; (b), sums payable through an estate management charge are not being applied in an efficient or effective manner; (c) that an estate management charge or administration charge payable or likely to be payable by the owner, tenant or sub-tenant is unreasonable; or (d) the estate manager has failed to comply with a relevant code of practice approved by the Secretary of State or Welsh Ministers under Section 87 of the LRHUDA 1993.
	Subsection (4) clarifies that a notice of complaint may be given jointly by two or more persons if each of those persons is entitled to give a notice to the estate manager. Subsection (5) sets out for the purpose of subsection (4), it is not necessary for every complaint set out in the notice, or every part of each complaint, to apply in relation to each dwelling owned by each of the persons giving the notice.
	Subsection (6) confers a power on the Secretary of State, by regulations, to make provision for determining when a notice of complaint is given.
	Subsection (7) defines a "notice of complaint" as a notice of complaint under this Section, and the "qualifying period" in relation to a notice of complaint as the period of six months beginning with the date on which the notice is given.
	Subsection (8) requires that any statutory instrument containing regulations under this Section is subject to the negative procedure.