Old Management Company ignoring new RTM company?

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    Old Management Company ignoring new RTM company?

    Afternoon guys

    We've had a pretty hard fought RTM battle over the last year or two, which appears to be over. Our old management company has instructed our cleaners to stop cleaning the property from 1st May 2019, which co-incides roughly with when the deadline for handover was.

    Unfortunately our new RTM company, who'll be taking over teh management, have not received any kind of response out of them, for the last few months. And with a week to go before handover, we've still seen nothing.

    What can a company do here when they're not provided with the information they need for handover?

    #2
    If the managing agent is ARMA or RICS accredited, you could threaten to lodge a complaint with them for their failure to pass on the management information.

    I would be watchful also that the existing freeholder/managing agent transfers every penny that is in the service charge pot to your RTM Co. I know of one case where 100K 'disappeared' and the leaseholders were told that there was nothing that could be done to recover the money. In that case, the original freeholder transferred the freehold of a block of flats to an associated company (minus the 100K reserve fund) dissolved the first company which had been the original freeholder and then resigned from the associated company ....

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      #3
      Contact the local Magistrates Court and ask Court Manager if your RTM company can apply for Court Order to compel handover.

      Comment


        #4
        I would have thought that would have to be done as a Crown Court injunction.

        Comment


          #5
          My Understanding is :

          The Magistrates Court deals with summary offences ( least serious type offence )

          The Crown Court deals with indictable offences ( serious type offences )


          So for handover of service charge information it is better to enter a claim at the Magistrates Court.

          Comment


            #6
            I should have said County Court, not Crown Court.

            The point here is that this requires a civil court injunction not criminal court involvement.

            Summary in practice means a criminal offence without the right to a jury trial.

            Comment


              #7
              Thanks guys. Our MP intervened and they finally came back with a handover date at 1st May - three working days time.

              Absolute pisstake.

              Comment

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