Can leaseholders request management agreement

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    Can leaseholders request management agreement

    Hi all,

    Our managing agent quickly resigned after we paid for the first quarterly bill. We cover all expenses and the bill allowed for year end services, such as making up the service charge accounts at the year end. I’d like to see the management agreement between the managing agent and our leaseholder to see if there are any other services we paid for prematurely and to see what the procedure is on resignation.

    Do leaseholders (with a two party lease) have the right to view the agreement?
    Will we have to wait for up to a full year + 6 months to pass before legally obtaining this?
    And would the demand need to be made through the Landlord, the old managing agent or the new managing agent, if we get one?

    Is there also a way for us to legally request the reason for resignation. It seems there’s been no written notice, so I’d like to know if there was a breach on either end.

    #2
    The RICS code 3.2 states that the agent should supply leaseholders with a "basic summary of (the agent's) terms and duties, including all fees" which is not quite the same as a copy of the full agreement. Nonetheless I suggest that you ask the agent to supply a copy of the agreement and their reasons for resignation but they may decline claiming confidentiality.

    Comment


      #3
      Thank you!

      Comment


        #4
        The managing agents responded that they would not provide any information due to GDPR restrictions. I asked for clarification as to why section 3.2 of the RICS service charge residential management code did not apply and they responded that as the contract has been terminated all correspondence should be with the freeholder and not them.

        Is the RICS code only enforceable during the period the managing agent is actively operating under the contract? (Including if the contract is suddenly terminated with no notice?)

        Comment


          #5
          I cannot see that it has anything to do with GDPR and as the agent should comply with the RICS code, it should let you have at least a summary of the terms and duties for which you are being charged. You can make a formal complaint against the agent or apply to the freeholder.

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