Old Management Company ignoring new RTM company?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    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 ....

    Comment


      #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

              Latest Activity

              Collapse

              • Tenant of Leaseholder leaving property in common parts
                TheManOnTheBus
                I own the freehold of a small building (and a couple of the leases). One of the other leaseholders as let to a tenant who despite warning will not remove property (bicycles / push chairs) from common parts.

                The leaseholder (and therefore their tenant) does not have the right under the lease...
                13-06-2019, 19:43 PM
              • Reply to Tenant of Leaseholder leaving property in common parts
                Lawcruncher
                I am not sure it is.

                Section 12 starts: "This section applies to goods in the possession or under the control of a bailee".

                There are four key words:

                "goods": Is the bike goods? Yes, because the Act defines goods as including all chattels personal...
                16-06-2019, 10:44 AM
              • Freeholders and Sub-tenants
                cday356
                Hello all,

                I would be grateful for some views on the following situation. We are a freeholder, and have a non-resident leaseholder who has been sub-letting his flat for more than a decade. We took over the freehold about 6 years ago. It has since come to our attention that the leaseholder...
                16-06-2019, 04:23 AM
              • Reply to Freeholders and Sub-tenants
                leaseholder64
                Is your issue with the such deeds in general, or with the failure to restrict it to those covenants (typically the ASB ones, and in particular, excluding service charge payments) that are relevant to the sub-tenant.

                There is, I believe, a common problem that sub-landlords use standard tenancy...
                16-06-2019, 10:44 AM
              • Reply to Freeholders and Sub-tenants
                cday356
                Thanks for your comments Lawcruncher,

                Regarding your first paragraph, I appreciate the further clarity on how a covenant of quiet enjoyment should be interpreted.

                Briefly regarding your second paragraph, the sub-tenants have been in occupation since 2004, so I wouldn't call...
                16-06-2019, 10:26 AM
              • Reply to Freeholders and Sub-tenants
                cday356
                Eagle2,

                Since we refused to extend his lease informally (specifically we asked him to instruct a solicitor and to deal with his lease extension on a formal basis with us, which he refused to do) he began to refuse access. He has specifically stated in correspondence that he will not provide...
                16-06-2019, 10:10 AM
              • Damp in old building with NO DPC
                Stacker
                Hello, Could I ask you for your perspective on damp in old buildings? It seems that new buildings have a DPC (damp proof chemically injected) whilst older buildings dont have them so how do the freeholders manage the repairing obligation for the damp? If there is inherent damp which is part of the building...
                02-06-2019, 20:00 PM
              • Reply to Damp in old building with NO DPC
                scot22
                I was referring to your situation. Our gentleman is an individually minded director. He succeeded in delaying co surveyor going in to flat for ten months !
                unfortunately there are 8 directors, at one point 12, so decision making is problematic.
                There are some decisive actions I would take...
                16-06-2019, 09:52 AM
              • Freeholders breach of the lease
                surreygirl
                We had a surveyor in last year in April 2018 which said that the outside render was now porous and needed to be repaired as a matter of urgency and should be a priority. At a meeting they voted to wait for a year until people had saved up the money and also they needed to have an asbestos test done....
                16-06-2019, 09:39 AM
              • Reply to Freeholders and Sub-tenants
                Lawcruncher
                A covenant for quiet enjoyment is an agreement by the landlord that he will not physically interfere with the tenant's enjoyment of the property whoever is in occupation. Knocking on the door and asking nicely if you can check where a leak is coming from is not a breach of the covenant - nor is it...
                16-06-2019, 09:31 AM
              Working...
              X