Management fees

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    #16
    Hi,

    If you are not a member already I would say have a look at the following link;

    https://www.fpra.org.uk

    Comment


      #17
      In reply to #15, I would ask for a copy of the management agreement and the term should be stated within the agreement but otherwise the draft is fine.

      Comment


        #18
        On number 3, I would just ask them for details of the residential property management redress scheme to which they belong. No-one actually authorises managing agents, but you cannot manage residential property for gain unless you belong to a scheme.

        You can, in any case, search the registers of the various schemes, to see to which, if any, they are registered, in which case you would either know the answer or know that it was a rhetorical question.

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          #19
          We will take your comments on board and rephrase as advised.

          Thank you Eagle and Leaseholder, and everyone, you have been a great help.

          Comment


            #20
            Does the OP have any sense of "the evidence we hold on file neither yourself or Mr ****** are fit to be part of this proposed association " .

            If you do not know then the first step might be to make a "subject access request" for personal information?

            https://ico.org.uk/for-organisations...ght-of-access/

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              #21
              Originally posted by Waterbridge View Post
              Does the OP have any sense of "the evidence we hold on file neither yourself or Mr ****** are fit to be part of this proposed association " .

              If you do not know then the first step might be to make a "subject access request" for personal information?

              https://ico.org.uk/for-organisations...ght-of-access/
              We find the response very strange, as to what evidence our FH and their solicitors have on file about us. All our correspondence is documented, we don’t get what their angle is on this. Can we send a right of access request to the FH ? As we don’t know who their solicitors are, what grounds would you need to refuse to recognise your leaseholders RTA.

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                #22
                If you check the records at Companies House. you will find A & H have the same directors and shareholders.

                Comment


                  #23
                  This is edited post #20 i was asked to remove names............


                  Furthermore would you be kind enough to provide us with the following information,

                  1. Copy of the Management agreement between Estates Limited & (Asset Management) Limited.

                  2. Please supply details of the residential property management redress scheme to which (Asset Management) Limited belong.

                  3. Please supply a copy of (Asset Management) Limited complaints procedure.

                  4. Please supply the total income (Asset Management) Limited received for the management of the above property including administration charges, insurance commision, and building maintenance/repairs commissions.



                  Regards,
                  ***




                  Quick update we got this response from the FH regarding our email requesting they recognise our RTA and to supply the information also requested, we will await their response to the second email that’s above
                  Can anyone advise?
                  thanks.

                  Dear Ms *****

                  Upon receipt of your email dated ****18 I discussed the matter with our solicitors who confirmed that with the evidence we hold on file neither yourself or Mr ****** are fit to be part of this proposed association.

                  This is irrespective of our own views on the matter generally.

                  I will pass on your email dated **.*^.** to our solicitors for their perusal.


                  Regards

                  Comment


                    #24
                    Thanks Gordon999 we are aware the FH MA are one and the same, I made that point in my first post. What we cant understand is that they think they can do as they please, and to comment we are not fit to be involved in the RTA without is ludicrous.

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                      #25
                      Their response is absurd, as a leaseholder you are entitled to receive the information requested. A separate legal entity appears to manage the property and a reasonable management fee for the service provided may be recovered under the service charge provisions. The freeholder is not entitled to charge 15% because in theory at least he has appointed another company to manage. You will probably have difficulty proving that the freeholder and the managing agent is one and the same even if the directors are the same. It is probably better to take the view that the management charge is unreasonable.

                      Comment


                        #26
                        He wasn't making the request as a leaseholder, but as an RTA. I don't know why he didn't make a request as an individual leaseholder, but as an RTA, the RTA has to be be recognized by the freeholder, and the freeholder can withdraw that recognition at any time, except if an FTT has ruled that the TA must be recognized. I can't see anything that says that the freeholder has to give a reason for refusing recognition.

                        I suspect we would get a rather different picture of this situation from the freeholder's side. I suspect there has been a long running dispute. Maybe the freeholder thinks the TA is really only representing minority of the residential leaseholders, and its leaders are not able to properly take into account views that conflict with their own.

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                          #27
                          If that is the case, it is a simple matter to send 2 separate emails, one asking for the RTA to be recognised and a second one from a leaseholder asking for the information

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                            #28
                            The request was made alongside the request for formal recognition of the newly formed RTA, that 83% of leaseholders have signed up to, 5 of the 6 flats, There are long running disputes mainly maintenance Issues and fees overcharging on the FH part, that they dismiss but its there in black and white. We are expecting the FH to reject the RTA, We are prepared to take it to the FTT, If that's the case.

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                              #29
                              Will do that Eagle, if it helps move thing on.

                              Comment


                                #30
                                Yes, it is better to separate the request for recognition from the request for information, If you expect to apply to the FTT, it is better to have clean correspondence without other issues complicating the matter.

                                Comment

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