User Profile

[eagle2]

The RTM has still a problem with forming a quorum at directors’ meetings. The MA will often have a conflict of interest (budget, accounts, management fees) and will not be allowed to be considered for quorum or voting purposes under Article 19(1).

Under Article 24, the MA will not be allowed...

[eagle2]

I don't think that the FTT has the jurisdiction to order specific works to be carried out....

[eagle2]

I do not think that you can claim that the contract with the MA is void, the decision to appoint an MA was a reasonable one and the MA has presumably provided a service of sorts. I think that your best option is to remove the MA as soon as possible and to raise a formal complaint that it has failed...

[eagle2]

On the face of it, you have rectified any breach, if there was one in the first place. You state that the legal bill is now at £1,000 which implies that there were previous costs. Have the solicitors written to you in the past? Is that what prompted you to remove the shelter?

Whether or...

[eagle2]

A Company can have one director as long as it complies with its Articles, many of which state that one director is sufficient. If the Articles state that the Company needs a minimum of 2 directors, then it must have at least 2 directors or amend its Articles.

I agree that applying to the...

[eagle2]

You can contact the breaches team at Companies House but I doubt that they would get involved, they are more likely to advise you to seek legal advice. Even if the person received a fine, it does not assist you with the current contract.

You would need to take legal action against both...

[eagle2]

As the MA is a member of ARMA (#13), it may be worth complaining to them,

Companies House will intervene on some occasions and it is worth contacting the breaches team. I doubt that they would wish to become involved in this matter, they are more likely to tell you to seek legal advice...

[eagle2]

The MA has no grounds for withholding information but if it continues to withhold email addresses, you may find it simpler and quicker to write to the leaseholders and ask them to supply the information directly to yourselves.

The Ombudsman will not become involved until you have raised...

[eagle2]

So you can raise a dispute with the MA over the termination fee on the grounds that it is unreasonable and they are in breach of the terms of the agreement, you can then negotiate with the MA and if you are unable to reach agreement, you can apply to the Ombudsman to resolve the dispute.
...

[eagle2]

12 months termination fee is an unreasonable term of the contract. Is there a clause in the agreement to deal with disputes? I cannot see any advantage in switching to an RTM, the MA is an agent and should be acting in accordance with your instructions....

[eagle2]

You can complain to ARMA, I think that they have guidelines which their members are expected to follow and your complaint would be that it is unethical for the MA to have effective control over the RTM.

...

[eagle2]

You can always make a formal complaint to the MA, Does the MA belong to ARMA or the RICS?...

[eagle2]

If it is only a matter of days, I would advise everyone to make payment into your new client bank account. ...

[eagle2]

It is unethical for the MA to be the sole director. You should replace the MA as soon as possible and you need to become a director to achieve that.

[eagle2]

It is undesirable for a managing agent to be a director of a RMC because it creates a conflict of interest. ...

[eagle2]

Data protection is a common excuse used by managing agents to fob people off and they hope that you will know no better. You have the right to know the contact details of your leaseholders and to access all the accounting records including the service charge demands. I would threaten to terminate their...

[eagle2]

It only needs the RTM to be run properly, the meetings can be informal and take the form of telephone calls or an exchange of emails but somebody should be appointed to act on its behalf. You do not need a managing agent and you will probably find it difficult to find one which is willing to act. ...

[eagle2]

I disagree again, everyone has to start somewhere even those offering advice here and it is conceited for someone to say that someone else is incapable. Action would need to be taken against the director in the first place and there is no mileage in that when he can counterclaim against the RTM under...

[eagle2]

I disagree that the director would be personally liable, there is an indemnity clause in the model Articles 43 and the other members can hardly complain if they have not volunteered to act as directors.

I also disagree that you cannot manage a property with 6 flats, it is not that difficult....

[eagle2]

I don't think that you can blame the leaseholders for not paying when they are not receiving any demands. I suggest that you read the lease and see what amounts can be charged and when. Check if you can estimate the charges in advance. Check also that the RTM has a client bank account in which to receive...