Advice please

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    #61
    I have no problem with him getting a commission, but I do have a problem with him, or the contractor not being able to provide a copy invoice.
    It looks like the MA is just writing cheques to the proprietor of the contract company and not to the ACTUAL company. So neither of them can provide an invoice.

    If we get a new MA , and the registered office changes and he still won't give up the invoices and cheque stubbs, is that then theft?

    Also, if I get those things and they show that he WAS hiding things, can he still be prosecuted?

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      #62
      You should have a problem with the MA taking a commission if it has not been declared to and agreed with the Company.

      The contractor should be able to supply an invoice regardless of how he accepts payment. He could accept payment to his friend, payment in the Cayman Islands, payment in US dollars or even in chocolate bars. The MA should not make any payment at all if he has not received an invoice.

      Unlike others, I am not convinced that it is theft, but you can take legal action against the MA if he does allow you to inspect documents or he fails to forward documents to the Company after he is removed as agent.

      Whether or not the Company can take legal action against the MA, would depend on what the MA has been hiding and the wording of the management agreement. Unless you have proof and the amount is worth pursuing, it is probably best just to change MA and not throw good money after bad.

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        #63
        Your best easiest and cheapest option is to visit another block agent. Tell them your issues, they will tell you what he can and cannot do as they will hope to win your business. As an estate agent he must by law be registered with a property redress scheme and have client money protection, this should be on their correspondence and website. I don't think you should manage it yourself, that is a whole can of worms and requires extensive knowledge. Your questions on here suggest you don't have it, but even if you did you would be well-advised not to. You also need some kind of succession plan, and not just one person doing it.

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