This is a nonsense
a) The Directors ARE responsible. They cannot devolve that responsibility. If the agent stuffs up the Directors/Company are responsible. They need to manage the agent.
b) They cannot claim their defence out of service charge funds - it is a not a service charge expense. They pay it out of their pockets (or possibly insurance)
c) If the whole board resigns, the Company is dissolved and the freehold is owned by the Queen. You then have the choice of buying it back or having the building collapse.
Role of director in Residential management company
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Role of director in Residential management company
Hi,
Our board of directors wish to simplify and be less involved in the day to day running of our block of flats.
They have on more than one occasion had to (successfully) defend legal claims for disrepair from residents who have become exasperated with the managing agents and tried to take action against the board instead.
This defence has been paid for out of communal service charge funds.
Nobody in our block particularly wants to be a director, the current directors will only continue as long as any resident does not take action against the company and drain the funds.
Ideally they want their sole responsibility and liability to be in appointing a managing agent (agree a schedule of building maintenance and works) and an accountant.....a vote can be held at every AGM so that residents can decide whether to continue with the managing agents or appoint a new one.
If a managing agent or resident are in dispute, a resident can seek their own legal recourse against the elected managing agent if required.
Is this possible to implement? or do the board have to be involved in any individual disrepair dispute?
What happens if the whole board resigns?!
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Reply to Any advise greatly appreciatedby North1970I am sorry if I posted in the wrong section....
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Channel: Scottish Rental & Legal Issues
25-02-2021, 22:47 PM -
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by North1970Hi, looking for some advise. We rent out properties in Scotland - the amended tenancy (PRT) agreement brought in for tenancies starting from April last year (with the various temporary changes due to the crisis), can someone tell me if the terms revert to the pre-COVID terms after March this year? I...
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Channel: Scottish Rental & Legal Issues
21-02-2021, 23:56 PM -
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Reply to Any advise greatly appreciatedThink that until legislation/regulations are passed and enacted we won't know. Sadly I've mislaid my crystal ball - the only thing of which can be said it's usually not crystal & often balls...
I'd keep checking SaL website - you are member??
https://scottishlandlords.com
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Channel: Scottish Rental & Legal Issues
25-02-2021, 13:39 PM -
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Reply to Any advise greatly appreciatedby Moderator2Many people mistakenly think that the Residential Lettings forum is the most active and so that’s the place to get the most/quickest replies but;
- I can see ‘views per thread’, from which I can see that the number of views by registered members (able to reply) are pretty much the same across all
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Channel: Scottish Rental & Legal Issues
25-02-2021, 08:37 AM -
Reply to Any advise greatly appreciatedby North1970Thanks, yes I meant for PRT’s. I put a post on the forum page for Scotland the other day but didn’t get any replies unfortunately so really appreciate you both taking the time to respond. If they do revert to the normal notice periods, would we not need to give tenants notice that the rules for...
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Channel: Scottish Rental & Legal Issues
24-02-2021, 22:52 PM -
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Reply to Any advise greatly appreciatedby DPT57No-one knows whether at the end of March, the notice periods will reduce. My guess would be that s21 aint going back to 2 months whatever else happens....
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Channel: Scottish Rental & Legal Issues
24-02-2021, 16:16 PM -
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Reply to Any advise greatly appreciatedAFAIK for UK, only Scottish PRT tenancies have notice to leave. Did you mean that ? Or s21 or s8?
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Channel: Scottish Rental & Legal Issues
24-02-2021, 15:40 PM -
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Reply to Any advise greatly appreciatedby North1970With the notice to leave periods (for landlords to give tenants notice to leave/quit) currently extended due to the ongoing crisis, can someone tell me if the length of notice required will reduce in March or later this year?...
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Channel: Scottish Rental & Legal Issues
24-02-2021, 15:22 PM -
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by LamidupeupleI am a first-time landlord. I have a small house in Scotland which is being let on a weekly basis to a single tenant on a word-of-mouth agreement on the rent and that she will clear out for holiday lets I obtain if I give two weeks' notice. All is amicable, and rent is being paid on time. I have had...
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Channel: Scottish Rental & Legal Issues
17-02-2021, 12:10 PM -
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Reply to New landlord basic questionsYou have a contract with the tenant, a verbal tenancy contract (actually a PRT..) but proving what was agreed is hard, obviously.
Your verbal agreement is unlawful in Scottish law. If only (presumably) as not a registered landlord liable for fine up to £50k. Plus many other legal breaches....-
Channel: Scottish Rental & Legal Issues
17-02-2021, 12:41 PM -
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