transitioning from FTT appointed manager back to RTM

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  • leaseholder64
    replied
    I would assume the RTM is still there, and with the same directors.

    Changing directors is covered in other recent threads, but basically you simply ensure that enough members of the company are prepared to vote against the current directors, and for your choice of new directors, on a simple majority vote, then request the calling of a general meeting for the purposes of removing the current directors (name them all) and appointing your new directors. It may even be being consulted by the manager. The main difference is that the manager has the ultimate decision, whereas, normally the RTM would override a managing agent.

    I would caution you though, that your new directors need to include people who don't need to be be told how to find out if the company still exists and who the directors are They also need to include people who are familiar with the details of the lease and RICS Service Charge Residential Management Code.

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  • eagle2
    replied
    Apologies I did not address a couple of your questions. You can check the status of the RTM at Companies House, it is probably dormant. It would not be allowed to operate at all if it had been dissolved. Someone (the agent?) is arranging the meeting to decide how the RTM proceeds. If the agent is receptive to new directors being on the board, that appears to be a good sign, there is the opportunity for leaseholders/members to put themselves forward and appoint those who are likely to act in their best interests.


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  • eagle2
    replied
    The purpose of an RTM Company is for the leaseholders to run the management of the property and make decisions. In your case, it looks like one or more leaseholders/members are abusing their power and they are not acting in the best interests of the other leaseholders/members. The best solution is for the majority of leaseholders/members to decide at the meeting how to proceed in future, appoint the directors they wish to represent them and decide which managing agent they want to be appointed at the property.

    There is always the right for a leaseholder to apply to the FTT but you should consider it as a last resort and the RTM Company is there for you to make decisions yourselves.

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