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


            • Breach of lease : Neighbours barking dog

              Thanks in advance for your time. Im a long leaseholder living in london, and have been living in the same flat for 8 years now. The building is an old victorian conversion with four flats in the building and a basement flat with a garden.

              We have recently had new short-hold...
              12-09-2019, 23:50 PM
            • Reply to Breach of lease : Neighbours barking dog
              As I said, clauses allowing costs to be recovered from the leaseholder in breach are controversial, and they will need advice from the solicitor as to how much of the costs are going to be recoverable....
              16-09-2019, 20:54 PM
            • Reply to Breach of lease : Neighbours barking dog
              Im getting my GP report this week to help with the case that this dog is causing me severe stress... Not sure how much weight that will carry with a solicitor when determining nuisance?

              Also seeing a psychologist for a talking session to deal with it, as Im still hearing barking in my dreams...
              16-09-2019, 20:49 PM
            • Reply to Breach of lease : Neighbours barking dog
              My position now is that Im searching for solicitors for this. My worry is the managing agent / freeholder will want to use their own solicitor.

              Its interesting - I asked them yesterday whether, if their solicitors opinion is that it is nuisance, if theyll recover the full costs from the...
              16-09-2019, 20:45 PM
            • Over occupation?
              Landlord above me has let a one bed to a couple. They moved in with a kid a a third relative sleeps in living room. According to the law based on rooms 2 rooms max 3 people, the kid over 1 under 9 counts as .5 so technically over crowding. However room measurements say something different. Rooms...
              16-09-2019, 18:41 PM
            • Reply to Over occupation?
              The lower of the two figures counts, so the flat does sound to be criminally overcrowded, in which case, both landlord and tenant are committing offences. However, can you confirm that the child was at least one year old when the family moved in, as the council can, and almost certainly will, give...
              16-09-2019, 20:42 PM
            • Reply to Breach of lease : Neighbours barking dog
              The contentious issue is charging fees to the dog owner, not getting an indemnity from the complainant.

              It is the uncertainty of being able to recover all the costs from the dog owner that results in the need for an indemnity.

              Basically the situation is that legally, only the...
              16-09-2019, 20:31 PM
            • Reply to Breach of lease : Neighbours barking dog
              Thanks for that. Just a query.. is it actually legal for the freeholder to bill the costs entirely to the lessee? Ive read quite a lot about lesees successfully challenging this.

              Essentially theyve said that theyre willing to enforce the lease, but that the costs will be recovered from...
              16-09-2019, 20:24 PM
            • Changes to communal residential areas.
              I am director for a Freehold Management Company - 12 flats each with 1 owner who is a shareholder. Some owners want to take an area of the gardens to create additional parking spaces. Some owners (the minority) object. Can anyone tell me if this would be a majority or unanimity decision? The leases...
              16-09-2019, 13:28 PM
            • Reply to Changes to communal residential areas.
              If the lease says that the area is for communal use as a garden, you need 100% agreement (not one dissenter) and they should ideally all agree to a lease variation (and to jointly pay for that variation) to reflect that. Anything else will end in tears....
              16-09-2019, 20:20 PM