Original Maintenance Company Refusing to Hand Over Accounts

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    Original Maintenance Company Refusing to Hand Over Accounts

    Hi there,

    I'm new to these forums, so apologies if this has been answered elsewhere. Myself and other leaseholders went through the RTM process last year as we weren't satisfied with the current maintenance company. During the process the original maintenance company tried everything to make sure we didn't succeed. They filed a Counter Notice with a nonsense reason and then withdrew it just before the tribunal, and later they also tried to not recognise the date for the RTM handover. Thankfully we now have the RTM in place and have appointed a maintenance company to run the services.

    However, we now have the problem that the original maintenance company are now ignoring us when it comes to the handover of accounts and any surplus funds.
    Individual Directors of the RTM company, the Director of the new maintenance company and their accountants have all tried to reason with the company to no effect. Any advice on how to deal with this situation would be really appreciated!


    #2
    Do what I did, you take them to court for theft, of property and money, if the following does not get results.

    2 of you ( Directors ) go to the old maintenance company, armed with proof that the management of the premises is now you.. You are directors of xyz company, and you farm out the running of the premises.
    You are the legal persons responsible for the leaseholders cash, company records, emails they have, communications, bank account details etc etc,
    And you demand the instant hand over of all company records to your company ( not the agents )

    If they do not hand anything over or still refuse to do anything, you get on the phone, in their offices, dial 999 and reprt a theft of company accounts and money. ( you will have a rough idea how much leaseholder monies should be in the bank.)

    All else has failed, therefore you have no other option but to do above,

    You are in the right, they are in the wrong.

    Let us know Tuesday how you got on.
    You take time off on Monday to go there.
    It's an emergency, as your money has been stolen.

    Comment


      #3
      Additional to my post number 2.

      Has the freeholder told the old managing agent that they are no longer to be employed by him.
      Usually the freeholder had a company that owned the freehold, and that company delt with the running of the company, via employing an agent.

      The freeholder will still own the building, and issue leases as and when required, but no longer has the authority to to manage the place as that is now transferred to you, the R.T.M. company.
      The freeholder is still responsible to make sure the R.T.M. company.
      If you don't perform your duties in accordance ihe the law, then he can get back control.

      I would not be surprised if the freeholder is connected to the old M.A. ! ?

      Comment


        #4
        It may be quicker to report "stolen bookkeeping records" by the old Management Co to the your Police Station.

        Comment

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