Problem leaseholders are the only directors of the RMC

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    Problem leaseholders are the only directors of the RMC

    Hi, I'm a tenant living in a block which has around 40 properties.

    I'd already made complaints about two tenants to the property management company, when their landlord (yes they both have the same landlord) purchased the flat above me (oh no!). The new tenants who moved in have a four year old child running around and playing until 1am (yes carpeted but still lots of thumping on the ceiling above me late at night).

    I got in touch directly with the landlord in a very friendly way after having tried speaking to the tenants. She was very unhelpful. She referred me to the property management company (cc-ing them in). This seemed bizarrely over confident considering that she's in breach of her lease.

    The property management company have been really dragging their heels. The property management company have stated in writing several times that decisions are being deferred to 'the directors'.

    I decided to take a look on companies house.

    The residents management company for the property itself has two directors...the landlord and another person living at the same address (who I assume is her partner).

    It's possible the articles of the company might not allow this...however assuming it isn't...how can I deal with this?

    There's obviously a substantial conflict of interest here. The RMC are acting on the instructions of directors as to how they should deal with those directors' breach of their leasehold.

    One option would be to ask my landlord to join as a director, and encourage other landlords to.

    Just wondering if there are any other options?

    If anyone has any advice I would be very grateful. Thank you in advance.

    P.S. I know that getting in touch with the council is an option in cases of noise nuisance - it's a long process. I'm just covering all my bases.

    #2
    You can check the Articles by referring to the Companies House website and filter the filing history to show "incorporation". You should ask your landlord to follow up your comments.

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      #3
      If your landlord is unwilling to become a director and the managing agent is deferring decisions back to their client your best option may be the council.

      A very long process as you say however to get a head start why not download the noise app., more and more councils are starting to use this as part of their investigation.

      https://www.thenoiseapp.com/#/

      Comment


        #4
        Originally posted by lowy15 View Post
        I got in touch directly with the landlord in a very friendly way after having tried speaking to the tenants. She was very unhelpful. She referred me to the property management company (cc-ing them in). This seemed bizarrely over confident considering that she's in breach of her lease.
        In what way is she "in breach of her lease"?
        Nothing that you mention suggests that this may be the case. All that you have said is that the tenants in the flat above you are potentially acting in an 'unneighbourly way' by making little, or no, attempt to keep noise to a minimum at night, and that you suspect (but don't actually know) that the RMC articles might not allow the landlord of that property and her partner to both be directors of the RMC.
        What is the lease clause(s) that you think is/are being breached?

        You are also potentially conflating 'managing agent' with 'RMC'. Many, but not all, RMC's will employ a managing agent who takes on the day to day running of a block. These managing agents cannot take any legal action in their own name, but can only do so with the permission of the freeholder (or RMC where an RMC acts as freeholder).
        If the directors of a RMC that acts as freeholder of a block will not enforce the terms of the leases (if any actually are being breached) the only options for leaseholders/tenants who want the block to be managed properly are to get the directors replaced (or get enough additional directors appointed to outvote them), or to apply to a tribunal to get a manager appointed for the block (effectively removing power from the RMC).

        There are virtually no options for someone who is a tenant renting a property and not a leaseholder in the block unless they can influence leaseholders to take action.

        If your problem is with antisocial behaviour, your best option may be to contact the local council and see if they can take any action - although this will likely require you to keep a log of the behaviour for a considerable period of tie before they even consider taking any action.
        Realistically you likely have to put up with things the way they are or move out.

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          #5
          I don't think that you can have much influence as a sub-tenant. You could always ask your own landlord to take matters up with the management company.

          Comment


            #6
            Originally posted by Gulliver View Post
            I don't think that you can have much influence as a sub-tenant. You could always ask your own landlord to take matters up with the management company.
            Yes, tenants who are renting a property would have to get either their own landlord, or other leaseholders, to take action - or rely on the limited action that can be taken via the council for anti-social behaviour of other residents.

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