Replacing RMC with RTM

[Centurino]

Having checked the Titles, it seems the restrictions are regarding the disposition of the properties. I see that in the original pre-liquidation lease titles, consent must be received from the older management company (which changed names in 2011) which was also in liquidation and now isn't. The newer...

[Centurino]

I'm not ignoring any advice just taking it all on board and approaching many different angles.

We've established there is a restriction at the Land Registry on our title for the 2 apartment blocks. Any ideas on how to remove this? It seems a resident in 2015 was able to get this removed...

[Centurino]

What a shambles and having now spoken with our previous managing agent he says the five older leases are "defective" and said exactly the same as LEASE, we need Lease Variation to get them amended to match the newer leases with regards listing the new freeholder (lender) and the RMC. Apparently,...

[Centurino]

Excerpts from my Lease below:

Lease Between:

BUILDER/FREEHOLDER LIMITED (called "the Lessor") of the first part EXAMPLE MANAGEMENT LIMITED (called "the Management Company" of the second part ME (called "the Lessee") of the third part
...

[Centurino]

Yes, the lender is now the acting freeholder by default but the Land Registry still lists the builder/original freeholder. And that is my major concern that the freeholder will one day flog this site for cheap and the 6 leases not connected to the RMC could be in trouble.

The freehold was...

[Centurino]

Post spammed again, always on edit....

[Centurino]

I'll post this below again as my initial comment was spammed, but I can add more now and it seems to get more weird. I'll explain this the best I can.

Builder / Freeholder built our site in 2006 with approx 20 houses and 2 apartment blocks (4 & 9 = 13 total). They had two limited companies...

[Centurino]

As 7 newer leases post-liquidation are linked to the RMC formed in 2013 and 6 leases (including mine) are linked to the liquidated company which was not an RMC, do you have any recommendations for someone to read through my lease to see if I actually have to pay the RMC we have now. There is obviously...

[Centurino]

Thanks all.

[Centurino]

My reply post has been spammed again on edit, why does it keep doing that? Can someone make it live again please.

[Centurino]

Could someone please close the other post, it didn't appear at first for a few weeks and since I've learned a lot more about our set-up, so much of that may be incorrect. Thanks.

To further clarify. The Lender is the acting freeholder since liquidation. They set up the RMC in 2013 and resigned...

[Centurino]

Thank you all for your clarification and advice. Much appreciated. I have a few more concerns ahead of a General Meeting this weekend.

Our builder/freeholder liquidated in 2012, six years post-build and ran off with the reserve fund. They managed all of their new-build sites via one management...

[Centurino]

Thanks. Here's the thing I'm trying to establish and the firing is not the issue as such. From what I read online and I haven't been able to establish otherwise. Company Law states that an RMC must hire and have a managing agent running the company. Only RTM can run without a managing agent. If the...

[Centurino]

We're considering replacing not converting, starting afresh. The RMC uses model articles as that's how it was set up when the builder/freeholder liquidated.

Keeping it simple can anyone answer these specific q's please.

As an RMC can we fire the agent and run the site ourselves...

[Centurino]

In seven days time we have a residents meeting to decide on the future of our apartment blocks; one with nine apartments, one with four apartments, thirteen total. They are about three meters apart physically. Our freeholder liquidated in 2012 and the lender took over as default who then set up an RMC...

[Centurino]

Any advice on the following is greatly appreciated. I don't know where to start.

Apartment mortgaged in 2006, in a 13 apartment block. The builder was the freeholder and managing agent, they liquidated in 2012 - and took all the management reserve fund with them. Post liquidation the commercial...