Resigning as RTM Director

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    You ( as director of the RTM ) can appoint a local managing agent ( under an annual service agreement for one year , and subsequently subject to termination by 90 days notice from either side ) to do all the service charge admin work .

    Don't resign as Director and let the admin of building go south. Stay in control until another leaseholder becomes Director.


      Originally posted by fos333 View Post
      Why can a managing agent file the TM01 for the only director of a RMC then, given the AoA required the company to have a minimum of two directors.

      This happened with ours and left the only officer of the company being the managing agent acting as the company secretary.

      Companies House had no problem allowing the director to resign, however started strike off proceedings when the confirmation statement wasn't filed.
      That is clearly wrong, the director and the agent should have ensured that the Company had the minimum number of directors at all times. It is unethical of the agent to become the only officer of the Company and create a conflict of interest whereby it is responsible for employing itself. Whilst Companies House may have accepted the TM01 form, it would not stop it or others taking legal action against the Company, as it did, or the previous directors.


        Originally posted by ram View Post

        If you don't want me to pass on my real life experiences, then please formally say so.

        But your request will be denied.

        No hard feelings. Keep up the good work.[/FONT][/SIZE]
        Please continue, they are very entertaining, in fact I am considering adding as a postscript to my postings that if the recommended action does not work, you should be employed to sort every one out.

        Just one question, are you practicising what you preach, are you selling your leasehold property?


          Returning to the original question, there must have been reasons at the outset to volunteer to be a director and I suspect that those reasons remain today. If you can persuade the other members to contribute their share of the workload, I would recommend retaining a watchful eye over them. If the RTM fails to comply with regulations, the members will become responsible for picking up their share of the costs.


            Originally posted by eagle2 View Post
            Just one question, are you practicising what you preach, are you selling your leasehold property?

            Selling my leasehold property ? you ask, because I told MrT2014 to sell up.
            But I take no prisoners, don't care what I say if it's the truth ( of course in legal proceedures, one has to be delicate with ones words )

            I find a lot of people, when advised what to do, are too scared to go to the F.T.T. or to court even after an F.T.T. draft application has been prepared, as they are worried about the backlash from the other directors. And this is the very first time they have had to resort to the F.T.T. and the first encounter with rouge directors promising to do better, which they never do. I've seen it all before, the other directors are not interested and wont do anything, hence sometimes advising to sell up as not many people go all the way to get justice,

            But in the meantime, and this may be of interest to MrT2014, as I am no longer a Director, will be suing them for every penney they have, for refusing to maintan the place by ignoring certain maintenence, taking money for same but just not doing it, malicious actions causing severe distress anxiety and ill health to other leaseholder in my flat. Historical neglect going back 12 years, and for damages ( £ )
            And there is nothing the now freeholder can do to me. I can, and will do a lot to them

            Once that is done apply for F.T.T. a manager to be appointed and the service charges will sky rocket.
            So with damages action, and historical neglect which should cause the directors have to pay me back the difference between what the work would have cost 12 years ago, and costs paid out recently, and future jobs that will have to be done also subject to historical neglect, the Directors ( Actually pretend directors ) are going to have to take out massive loans.


              Thanks for all your replies & input. On the one hand I don't want to resign and cut off my nose to spite my face. But 7+ plus years of trying the carrot/stick approach with the other leasholders hasn't worked. They can't grasp (or choose to ignore) that it will cost many times more to ignore issues or hire a managing agent. Like Ram suggests perhaps it's easier just to sell and be done with it!


                If you cannot persuade the other leaseholders to share the workload and act responsibly then selling is probably your best option. You are unlikely to be happy with the way that the block is run by the others if you resign and employing a managing agent is not really an option for a block of 3 apartments. I definitely do not recommend taking legal action against your fellow leaseholders or applying to the FTT to appoint a manager.


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