right to manage or contracted by freeholder?

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    right to manage or contracted by freeholder?

    Hi my management company for the past 10 years have stated they have a right to manage from the LVT. We have now found out they do not, there dispute was sent to the LVT but then some of the leaseholders negotiated a contract with the freeholder and in fact are contracted by the freeholder of which this contract has expired 5 years ago.
    Now the management company are denying this but the freeholders solicitor has confirmed it, my question is why would a management company pretend this was case?

    Many thanks

    #2
    To keep the work!

    Without reading the paperwork which is the only way to answer, I wonder if the leaseholders had a dispute and agreed an appointment of a manager by the LVT for 5 years, or that was an agreement to appoint an agent to resolve the dispute.

    I suggest you
    1:ask the freeholder what he understands the situation to be and 2:respond to the agent saying that the LVT made no such order and ask for whom they therefore act.

    If the freeholder is unwilling to assist in clarification or is happy with the state of affairs ( and in the absence of LVT appointment, appointment of an agent is his right under the lease) then you might want to agree
    3: a negotiated arrangement where shortcomings are addressed
    4: it is put out to tender

    Or ultimately you look at the no fault to right to manage/purchase the freehold.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #3
      Thank you very much for your reply.
      You are right there was a dispute over service charge which was sent to the LVT that was resolved and then they applied for a right to manage but somehow that didnt happen and the freeholder negotiated with 3 of the leaseholders in dispute for them to manage it.
      The freeholders consist of a offshore company and someone who is in prison for at least another 14 years and there solicitor is not forth coming with information at all.
      The management still maintain they are a right to manage by the LVT and again are very uncooperative.
      Also the management are taking leaseholders to court on the pretence they are a right to manage, so can a right to manage take leaseholders to court as in a sense wouldnt that be like taking yourself to court?
      Thank you

      Comment


        #4
        If you can get support from more than 50% of the leaseholders, you can set up a proper RTM company to manage your block.

        Comment


          #5
          Originally posted by hazel878 View Post
          .
          The management still maintain they are a right to manage by the LVT and again are very uncooperative.
          Also the management are taking leaseholders to court on the pretence they are a right to manage, so can a right to manage take leaseholders to court as in a sense wouldnt that be like taking yourself to court?
          Thank you
          Well then contact the local panel and ask them if they can write and say that no such order was given.

          An MA cannot take someone to court, only their client can while they can organise it. An LVT appointed manage can do so in their name, and your back to getting proof.

          They are nothing to do with the right to manage that's an entirely different thing to ( what it seems they are insisting on) saying "I/we, managing agent, have a right to manage..by virtue of our LVT appointment as manager".
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

          Comment

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