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[eagle2]

The following is an extract from the Leasehold Advice Centre:

"Most leases contain provisions requiring the consent of the landlord to which can include sub-letting, assigning the lease and making alterations to the flat. Such approvals passes to the RTM company, although the company...

[eagle2]

My understanding is that a RTM Company would set and retain the fee but would need to inform the freeholder. It is agreed that a RTM Company would not collect ground rent.

[eagle2]

I cannot see that a deed of variation is necessary, the freeholder has the right to substitute the parking space, so all that is necessary is for the freeholder to advise you that with effect from xxx your parking space will be number xxx.

[eagle2]

You could easily argue that £35 is more than reasonable at the present time, there is a solicitor who posts on this forum who has indicated elsewhere that £20 would be an appropriate amount for an office junior to deal with a notice, Tribunals have decided in the past that £40 is reasonable. ...

[eagle2]

It is not unusual for managing agents to show their gratitude to those appointing them and there is no limit to their imagination when devising schemes.

Are you able to obtain support from 16 other similar minded leaseholders? If so, you may be able to form a RTM Company to take over the...

[eagle2]

I cannot see how anyone can say how expensive it is going to be and any enforcement at this stage would be against the current joint freeholders. For your own peace of mind, if you are having structural problems, you should obtain expert advice and that should indicate what action if any needs to be...

[eagle2]

I agree with Gordon999, if 50% of the leaseholders, including yourself, wish to form a RTM Company, it could take over all the management duties of the freeholder including the right to collect the fees. In that case, the RTM Company would decide whether to collect the £35 or increase that sum to a...

[eagle2]

The agenda for an AGM should strictly relate to Company business but it rarely is limited in that way, it usually includes any subject which the members wish to raise.

Your point regarding the apportionment of costs should be answered within your lease. If the lease allows discretion on...

[eagle2]

Is there any connection between the current managing agent and the freeholder of which you are aware? Have you carried out a search at Companies House? You may ask the freeholder why it chose this particular agent and whether or not it obtained alternative quotes before it appointed the agent. The chances...

[eagle2]

The s20 notices will have been issued by the managing agent on behalf of the freeholder. It does not matter what fee has been agreed between the freeholder and the managing agent, the freeholder may only recover a reasonable sum from the leaseholders.

[eagle2]

Yes being a member is the same as being a shareholder. So you will be able to vote at the AGM and you should be able to speak if you have given notice of a question and also when "any other business" is considered. Proposed resolutions should be notified in advance to the Company.

[eagle2]

I would definitely not apply to the Tribunal to appoint a manager, It is unlikely to take you forward, it is likely to be expensive, you are not guaranteed to be able to remove the manager at a later stage and it would affect your ability to sell your property. There are horror stories on this forum...

[eagle2]

It looks like by accepting the terms of the lease, you have agreed to pay a minimum charge of £35 plus VAT and a higher fee as long as it is reasonable. What is the date of the lease? What was the inflation adjusted equivalent at the time of your remortgage?

I do not recommend ignoring...

[eagle2]

The RMC should contact the Housing Association and list all the terms of the lease which it is in breach and give it say 21 days to put them right,...

[eagle2]

The management agreement is not a private contract, you are being asked to pay for the cost and you are entitled to know what you are being charged for and what service the agent is supposed to provide in return. The RICS code 3.2 states “a basic summary of your terms and duties, including all fees,...

[eagle2]

You are allowed to inspect the register of members of any Company and you should apply under s116 Companies Act 2006. If you are a non member, the Company is entitled to make a charge, otherwise there is no charge. You are required to supply certain information within your request eg your name and address...

[eagle2]

Normally only members of a Company would be invited to attend an AGM although there is nothing to stop a Company from inviting non members but they would not be allowed to vote. Sometimes a formal AGM is held separately to an informal residents meeting which may follow or precede the actual AGM....

[eagle2]

There was obviously a contract entered into with contractor M even if it was only verbal. Whether or not compensation can be claimed depends on the terms of that contract between the manager F on behalf of the RTM and the contractor M. It looks like any claim would be disputed so did the contract explain...

[eagle2]

The RICS code 3.5 states that the agent "should have a "menu" of charges for duties outside the scope of the annual fee".
... it should also provide a summary of those charges "to leaseholders upon request"....

[eagle2]

It is extremely confusing, firstly it does depend on the lease as stated in #2 and #6 above. The RICS code 7.13 advises that "service charges should be subject to an annual examination by an independent accountant unless the costs cannot be recovered".

If a leaseholder makes a...