Hands up if you’ve had a dispute (spoiler: it was everyone)

If you were in our session at the NFTMO conference on Saturday, you’ll know one thing for sure: TMOs are never short on passion - or opinions! Our slot may have run over time, but when you’re talking about management agreement disputes, it’s no surprise. TMOs care deeply about their communities and are proactive in raising concerns when things need to be improved.

What we covered

Our presentation (which we may or may not have made it to the final slide…) focused on the dispute resolution powers within the Modular Management Agreement (MMA). In particular:

• Dispute notices – what they are, when to issue them, and how they kick off the formal process.
• Supervision notices – the lesser-known cousin of the dispute notice, but just as important.
• Escalation pathways – how disputes can be escalated when informal resolution isn’t cutting it.
• Resolution mechanisms – practical tools and legal routes to get things sorted.

Reflections from the room

There was a lively discussion and a few key themes emerged:

• Communication challenges: some TMOs have shared that they sometimes find themselves needing to follow up for responses or decisions and would value more consistent engagement and clarity from their local authority partners.
• Budget uncertainties: TMOs are committed to delivering services, but some report difficulties due to unclear or inconsistent budget allocations and in some cases, the absence of an agreed budget.
• Unclear obligations: even where the local authority retains formal responsibility, some TMOs have found themselves stepping in to carry out the work, which can create confusion over roles and expectations.

Our survey says…

For us, one of the most revealing moments came from our impromptu ‘show of hands’ survey. Nearly everyone in the room had faced a dispute in the past 24 months, but only a few had ever issued a formal dispute notice.  That tells us something important: most disputes are being handled informally, which highlights just how central strong working relationships between local authorities and TMOs continue to be.

In theory, this approach has its advantages, but it can also mean that TMOs miss out on the clarity and safeguards that more formal processes are designed to provide. It’s understandable; many of us have felt unsure about challenging a clause or querying a decision, especially when we’re not entirely confident in our interpretation. However, that hesitation can sometimes limit the options available to TMOs. Building confidence in the MMA’s formal processes can help ensure these protections are used effectively when needed.

Turn knowledge into action

If you’re unsure about your obligations under the MMA, not sure how to resolve a dispute, or need support navigating conversations with your local authority, please contact us. We’re here to help you navigate the process and fill you in on all you need to know.

And if you’re looking to update your MMA or need a Deed of Variation, our brilliant colleagues in the governance team, Sarah Patrice and Shauntelle Murphy, are your go-to experts.

It was a real pleasure meeting so many passionate and honest voices at NFTMO 2025 - your energy made the session. We’re looking forward to continuing the conversation throughout the year. And next year? We’ll do our best to finish on time – though with so many passionate and committed TMOs in the room, we know the discussion will always be lively!