QUESTION
I am a leaseholder (for the last 8 years) and I have been having problems with my management company / agent on cost matters and various other issues. I'm a chartered builder, surveyor and estimator and I have a good understanding of costs.
We are 47 flats in a block running under RMC. Over the last 6 years I have seen we have been over charged and poorly managed but the managing agent is claiming everything was approved by RMC directors, but all of the accounts are flawed and unsubstantiated. I have evidence that the managing agent favoured RMC directors when it come to lease conditions and I have audited these accounts. Our AGM not being called for 6 years now and directors are not willing to accept rotation policy when appointing.
I want to structure our RMC/ set policies or Form RTM.
Question : I want to write to the other members in the RMC and get their support. Therefore, I have requested a RMC member list from the managing agent ( who are acting companies secretary) and have been waiting for nearly 2 years. They are not giving this list to me. What are my legal rights?
2. Once I get support and have the ability to write to other members I would like to challenge all costs ect at Tribunal - FTT, what is the procedure for this?
ANSWER
Many thanks for your query, we can appreciate that your current situation may be very frustrating, and first of all it is disappointing that it seems that you are being ignored by the agents that have been appointed by the RMC.
Before we go on to answer your questions, it is likely under the terms the Company’s Articles of Association and your lease that as a member of the Company you are entitled to become a Director – this is something that is worth checking as Directors are involved in the decision making process.
With regards to your questions:
1. You can obtain a members list from companies house and this should have all of the names of the members of the RMC.
If you would like contact details then you can obtain office copies from the Land Registry and they will have the name of the leasehold owner and then also it should provide a correspondence address (sometimes, however they are not updated).
The Land Registry charges approx £3.00 per an office copy.
2. You as a leaseholder are free to make an application to the First-Tier Tribunal (Property Chamber) for a determination of reasonableness under Section 27A of the Landlord and Tenant Act 1985.
This is a specialist Court that deals with Leasehold issues such as Service Charges.
The Leasehold Advisory Service has a very good website that can assist with any application that you may choose to make, we have included the Link: http://www.lease-advice.org/lvtissues/print_issues.asp?section=1.
Alternatively you can always instruct us to make the application on your behalf as we are specialists in this area of law. We hope the above assists but of course if you require any further information or would like to instruct us then please do not hesitate to contact us.
Peter Cornell, Director - LMP Law
