Ousting failing RTM co

  • Filter
  • Time
  • Show
Clear All
new posts

    Originally posted by ram View Post

    The reason to have a Manger appointed, is because
    "the RTM is failing to maintain the property", that is why the RTM has to be removed / changed, etc.

    Getting a manager appointed wouldn't give the freeholder control (unless they can persuade the tribunal to appoint them as the manager, without being too detailed about the way the building has to be managed), but it should mean that any maintenance work that is required gets done, and the leaseholders might then be made to understand that future costs would be lower if there was regular, ongoing maintenance instead of leaving the building to become run down again.


      I don't particularly want "control" , I have no issues with RTMs in principle as often they will do a better job of maintenance than the Freeholder.
      Just not in this case - so if I could apply to appoint a manager I would take that route, sadly I can't.


        Brief update, as companies house breaches department have written to the RTM about their refusal to provide me with the Register of Members and the director has responded saying I am being vindictive and he will only let me have it if I pay £400.00.
        Just waiting to see if CH put more pressure on him now.
        They have finally issued section 20 for some damp works but I assume it is invalid as a single director is prohibited from authorising any action other than an egm ?
        Originally posted by leaseholder64 View Post
        Even if you are not a member, they must provide you with the list of members. If you are a member, you can inspect it free of charge. If not there is a small charge they can make for inspection. You need to make the request in the right way. They can only refuse by obtaining a court order, which they wouldn't get and the penny pinching lessees wouldn't want to pay for. There is a charge for everyone if you want them to supply copies, but it is not very large, in the scheme of things.

        If you can document an invalid refusal, it would be worth contacting the breaches team at Companies House, to see if they can remind the director of the law.


          The fee for inspecting is £3.50 an hour. The absolute maximum fee for a copy is £125, but there would have to be 100,000+ members to attract that fee. For most flat management companies it would be £35. The reasonable costs of delivery can be added, but they are not going to be more than £5, in my view.

          The £3.50 fee only applies to non-members.


          If they consider it vindictive, they only way they can stop you having the information is by obtaining a court order. No normal flat management company is going to succeed in obtaining such an order; they are intended for cases like vivisection companies where there were hate campaigns against members.

          There is basically a strong presumption that this information should be available to the public.


            I do not recommend that you become a director of the RTM Company otherwise you become responsible for its failings. You can take legal action against it but you need to consider the costs involved and whether or not you would recover them.


            Latest Activity


            • Request to appeal an FTT decision
              Hello there

              I hope someone can help with answers to the following questions:

              1) Where one has legal grounds to appeal an FTT decision, is there a specific form or do you just write to the court providing grounds and requesting leave to appeal within the time limit?
              22-09-2019, 13:40 PM
            • Reply to Request to appeal an FTT decision
              The Tribunal lists the legislation which it has considered when making its decision, so an appeal on legal grounds would need to be based on (1) an incorrect interpretation of the legislation which is unlikely if a Judge or legal expert was on the panel (2) other legislation which it has not considered...
              23-09-2019, 07:23 AM
            • Reply to Request to appeal an FTT decision
              Clerical errors can be corrected by the FTT, so it is worth reading carefully the decision and checking that the figures have been adjusted correctly. Sometimes it will fail to amend a figure or calculate the adjustment incorrectly. In these cases, a simple request to the Tribunal will result in an...
              22-09-2019, 21:04 PM
            • Reply to Request to appeal an FTT decision
              Dear all

              Thank you....
              22-09-2019, 17:37 PM
            • Reply to Request to appeal an FTT decision
              The article in the link below describes how you can appeal FTT decisions, including a link to a form that can be used.

              'Senior Member' on forums like this (or similar 'titles') are usually based on nothing more than...
              22-09-2019, 16:18 PM
            • Property Management bully behaviour
              Hi everyone,

              I would highly appreciate any contribution to this post.

              I'll get straight to the point: I am a leaseholder in a block of 8 flats in Leeds. One of the flats belongs to the Freehold owner (Landlord). Ever since I purchased this property we were dealing with a rather...
              18-09-2019, 18:37 PM
            • Reply to Property Management bully behaviour
              Whatever the merits of the case, the MA could be much more helpful to the leaseholder, who is quite right, if the charge is not permitted in the lease, there is no obligation to pay it. So it would be in the MA's interests to simply refer to the clause which it is relying upon. A leaseholder has the...
              22-09-2019, 16:14 PM
            • Reply to Request to appeal an FTT decision
              You need permission from the FTT in order to appeal against a decision and you should contact the FTT stating your grounds for appeal. The FTT will then either consent to or deny the appeal. There would be a fee payable to the Upper Tribunal, details of which would be sent to you if the appeal is allowed....
              22-09-2019, 16:03 PM
            • Reply to Property Management bully behaviour

              The salient points have been highlighted by others above. I would suggest your next step is to follow Scott22's advice and contact LEASE for free advice providing them with a copy of your lease.

              It is highly likely the Managing Agent (MA) is within their rights to charge...
              22-09-2019, 14:01 PM
            • Shared outside tap
              I live in a first floor flat, with a strip of garden at the rear. There is currently an outside tap on the side of the house which is only accessible by one ground floor flat.
              I want to install an outside tap on the "communal" side of the house, so that we five flats who don't have direct...
              21-09-2019, 09:45 AM