Managing Agent charging for "admin costs" relating to GDPR

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    Managing Agent charging for "admin costs" relating to GDPR

    Has anyone come across their managing agent, adding an additional £2,000 into the coming years' budget for additional "Admin duties" relation to GDPR?

    I'm in the process of questioning this with them, however was curious to see if anyone else was it the same boat.

    Thanks Laura

    #2
    Never heard of anything like it. Obviously you are already asking about claimed hours, doing what ? I was in management when it was introduced, made miniscule amount of work.
    I get irritated now when people say they can't do something because of GDPR. When I ask for relevance things change !

    Comment


      #3
      Better for leaseholders to set up RTM and replace the existing managing agent.

      Comment


        #4
        If you delve into GDPR - as you should - the 'admin' work created for a managing agent involves carrying out a data audit of the personal data they hold (name, address, phine number, arrears, etc) and identify the legal basis for handling and processing the data. For managing in the name of a landlord, those bases will be either or all of the following:

        - contractual obligation (for company registers and lessee/lessor contract)
        - legal obligation (landlords have legal obligations, innit)
        - legitimate interest (contractors details etc)

        The agent should then publish a privacy notice and be ready to respond to requests for access or correction.

        It changes nowt else to their day to day 'admin work'. Bear in mind they have to do this exercise once for ALL the data they handle for all their clients. The number of access requests in a year may be counted on one hand missing a few fingers.

        If they are charging ALL their clients £2000 a year and they have a lot of estates under management, to be fair it is a nice little earner but I would hope no tribunal would fall for it. It is leasehold, mind.
        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.

        Comment


          #5
          Standard method is to charge a set rate for management and this would include all the costs for administration, obviously this could increase each year but to charge an extra 2 grand per client for GPDR seems excessive.
          Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

          I do not accept any liability to you in relation to the advice given.

          It is always recommended you seek further advice from a solicitor or legal expert.

          Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

          Comment


            #6
            Originally posted by Gordon999 View Post
            Better for leaseholders to set up RTM and replace the existing managing agent.
            We have a block of 42 flats, built in the 1039's Art Deco. There is far too much going on for us to have a RTM, we moved away from this about 10 years ago as its pretty much a full time job.

            Comment


              #7
              Thank you all for your replies - very insightful and certainly given me some food for thought. I have already gone back to contest this on behalf of all of those in the block, knowing full well I will be questioned at the up and coming AGM.

              Really helpful so thanks again.

              Comment


                #8
                We have 55 flats in one block where we have formed RTM and simply appoint honest agent who acts for US.
                we are saving £950 PER FLAT in insurance alone !
                Ours is not quite 11th century like yours but 1930's 😁

                Comment


                  #9
                  Really?! I would be really interested to understand more about this and how it works in principle - would you be happy to chat at some point?

                  Comment


                    #10
                    Of course. You can pm me but RTM process is straightforward with plenty of guidance online. Once you have RTM Co set up you can appoint whoever you like to manage your block, and sack them if they prove incompetent.

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