RTM hand over costs from outgoing managing agent

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    RTM hand over costs from outgoing managing agent

    Hi,

    We have taken over the RTM of our small block at the end of January. The only communication we have had so far from the outgoing managing agent has been to send a statement to the company asking for an outstanding amount of around £1000 from a balance of £3000, £2000 of which has been covered by our 1st quarterly payments at the end of last year by the flats. We are all paid up for services to the end of 2019 and had closing account from the agent last year.

    The final bill says it covers from the 25th Dec 2019 - takeover. Is the takeover date the date the RTM company took over at the end of Jan or are they trying to imply a different date i.e. when they think hand over is complete? I ask as there are a number of items on the list which are odd, e.g. cleaning - billed around £550 when the total billed in 2019 was around £1100. It would look like they are billing for a larger time period than one month. I have emailed them a few days ago asking for all invoice relating to costs but am yet to hear back. When doing the end of year accounts previously they have taken less than a day to supply invoices on request. I assume they need to supply these before we can confirm a final balance with them? Can an outgoing agent perform work at the property or bill for anything that occurs after the date the RTM took control? How long do we need to wait or how pushy do we need to be with them to get copies of these invoices?

    As part of the expense list they have listed an item Contingency £500. This would imply an amount to cover further cost, however if this a closing bill what would they be? Is this normal a thing and can we request it to be removed, given it, I assume does not have a relating invoice? i.e if we can agree final costs then surely a further contingency would not need to be in place?

    As mentioned we are yet to hear back from them so have not really started a dialogue on the above. It would be good to know where we stand on things to aid having that conversation when it does happen?




    #2
    Originally posted by Cwhit2020 View Post
    It would be good to know where we stand on things to aid having that conversation when it does happen?
    A laudable sentiment if rather late, what? Your new RTMC is starting with a woeful lack of knowledge in a shark infested sea.

    An RTMC starts with a clean slate. It is not a sum of the leaseholders who formed it. It is an indepenedent legal entity, a wonder to behold. It should be cherished and stroked with gentle care regularly. It deserves directors who know their brief.

    An RTMC does not pay for pre-acquisition service charges or 'contingencies'. The acquisiiton date "handover" was established by the claim notice and that date started the three month clock down to it. Nothing changes it.

    A managing agent may think they are Gods but they are mortals, bound to law like the rest of us chickens.

    Ignore their demands, sir. They need to chase their debts with the indivividual leaseholders who owe them.

    Your RTMC is free, grasshoppers. Do not engage in explaining the law to the old agent. They may well know it. Let them read it if not. I assume someone on your side has studied the 2002 Act? If so, knowledge is power and begets a smugness within the throng. Not endless panic and trepidation because a MANAGING AGENT says something. Oo-er matron.

    Though I fear you will be eaten rather quickly...?


    Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

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