Ousting failing RTM co

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

  • desamax
    replied
    As it’s a mixed use building, I take it the commercial element is less that 25 % of floor area?

    Leave a comment:


  • leaseholder64
    replied
    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.

    Leave a comment:


  • leaseholder64
    replied
    I don't think http://www.legislation.gov.uk/uksi/2...agraph/26/made allows a valid application to be refused.

    Also the quorum for directors' meetings has to be at least two.

    However, in this case, as the RTM is currently the responsible person for H&S, it might be worth considering trying to get enforcement action taken against the company for the breaches. Unfortunately, government austerity may mean that this is more difficult than it ought to be.

    Although the freeholder could become a director, even without being a member, RTMs are normally set up because of dislike of freeholder, so they are unlikely to give a freeholder more than the minimum power.

    You could also try to convince the other lessees that there is a point where being a slum affects the value of their property (although my experience is that is way beyond the point where owner occupiers would be seriously concerned.

    Leave a comment:


  • Section20z
    replied
    Thanks #vsmart , I think the RTM could be invalid for a number of reasons, I have requested certain information from the RTM and been ignored so might have to go to my Solicitor.
    (I think there should be 6 members including me but they won't provide that info either !)
    Thanks for input - all useful.

    Leave a comment:


  • vmart
    replied
    Dear Section 20z

    When the RTM was acquired the RTM company should have invited the landlord to become a member. I suggest, if possible, you make enquiries with the former freeholder and find out if this was done. If not, and you can prove it, the RTM might be invalid (you would need legal advice).

    I am not sure if a landlord can apply to be a member of the RTM further along the line but it would be worth checking.

    The problem is if you were a member you will be out voted as you will only have one vote. Though I am not clear how many members of the RTM there are as you refer to one director; and lessees that are not motivated.

    Even if you could apply to appoint a manager I would not recommend this. The route does not give you any control either. Control passes to the FTT appointed manager and costs can significantly increase though usually for leaseholders.

    The RTM does have a duty to inform you in relation to certain matters for example consents. The leases still need to be complied with too.
    You still retain responsibility for landlord’s covenants outside of day-to-day management. You also retain the right to forfeiture and only you can take action.

    So find out exactly what information a freeholder is entitled to and write to the RTM accordingly. If there are issues with individual flats in relation to breaches of lease, this might provide a route to you applying pressure.

    Incidentally non-residential parts of the building are not included in RTM.

    Overall, I would suggest you speak with a solicitor because this is a complex area now that there is an RTM in place. Some solicitors are willing to provide some information before you instruct them and start incurring fees.

    (Ground rent is still yours to demand and collect)

    Leave a comment:

Latest Activity

Collapse

  • Request to appeal an FTT decision
    vmart
    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?
    2)...
    22-09-2019, 13:40 PM
  • Reply to Request to appeal an FTT decision
    eagle2
    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
    eagle2
    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
    vmart
    Dear all

    Thank you....
    22-09-2019, 17:37 PM
  • Reply to Request to appeal an FTT decision
    Macromia
    The article in the link below describes how you can appeal FTT decisions, including a link to a form that can be used.
    http://www.flat-living.co.uk/advice/...-an-ftt-appeal


    '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
    boboligogo
    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
    eagle2
    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
    eagle2
    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
    vmart
    Hello

    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
    Baradavies
    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
Working...
X