Failing managing agent appointed by freeholder?

Failing managing agent appointed by freeholder?

10:59 AM, 3rd June 2021, About 4 years ago 21

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I’ll briefly set the scene: I am one of 13 leaseholders in a block of flats. There is a block management company with 4 directors, 3 of whom are leaseholders (me being one). In addition, there is a managing agent appointed by the freeholder. One of the directors of the managing agent is the 4th director of the management company.

I have been very unimpressed with the service provided by the managing agent and would like to see them replaced, however, both other leaseholder directors want to “give them another chance”. Unsurprisingly, I have not discussed matters with the 4th director, who clearly has a conflict of interests.

The most recent issue concerns the annual accounts to 31 March 2020 (produced in February this year) that showed a worrying 40% of service charges overdue (up from 8% the previous year). As well as wanting to understand how this was allowed to happen, I am anxious to know the current position. Accordingly, in late April I asked the managing agent for a 31 March 2021 Service Charges Due figure. Now, 5 weeks on, I am still waiting for the information, despite numerous chases by me and promises from the agent.

What are my options?

Ian Cognito


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Ian Cognito

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17:28 PM, 5th June 2021, About 4 years ago

Reply to the comment left by David Price at 05/06/2021 - 16:16
Thanks David.

Believe me, I have been demanding the imnformaion by both email and telephone, but to no avail.

Hence, I need to know my options!

Crossed_Swords

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19:02 PM, 5th June 2021, About 4 years ago

The fact that the accounts show 40% shortfall at the end of the financial year may well be an artefact due to payment after the YE date. It will depend how they are formatted.

As a director I think you should be kept in the loop but you may be worrying for nothing.

Richard Adams

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23:53 PM, 5th June 2021, About 4 years ago

Awhile back I too was a director of a Management Co with Man Agents appointed by the freeholder. Because the Man Agents were unsatisfactory in several respects we sacked them and appointed new Man Agents. The lease allowed us to do this which I guess yours will also. Your existing MA's will be obliged to properly reveal all in hand over to their successors which should provide the information you seek.

Ian Cognito

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23:54 PM, 5th June 2021, About 4 years ago

Reply to the comment left by Crossed_Swords at 05/06/2021 - 19:02
Quarterly payments in advance are due 1st Jan, 1st Apr, 1st Jul, 1st Oct. Therefore, payments outstanding at the 31st March are a minimum of 3 months overdue.

As mentioned in original post, only 8% payments were overdue at previous year end.

Unfortunately, I'm not worrying about nothing.

Ian Cognito

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0:01 AM, 6th June 2021, About 4 years ago

Reply to the comment left by Richard Adams at 05/06/2021 - 23:53
Hi Richard.

Yes, I fully concur that we have a right to seek appointment of a new managing agent. However, as my co-directors are not in agreement, I was hoping that the managing agent may be in some sort of breach in which case I could rely on legislation to "do it for me".

Does that make sense?

Richard Adams

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0:11 AM, 6th June 2021, About 4 years ago

Yes it does but why do your fellow directors not wish to have good and proper Man Agents? Apart from failing to provide service charge info - doubtless due to their mismanagement as you state - what else are they failing to do that they ought like arranging proper insurance at best premium cost for example for starters perhaps?

Lynxe

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16:34 PM, 6th June 2021, About 4 years ago

Matbe the other Directors are wishy washy and leave it all to the managing agent. liven them up and remind them of their legal responsibilities as Directors.

Seething Landlord

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21:53 PM, 6th June 2021, About 4 years ago

Maybe the other directors are amongst those who have not paid the service charges.

BernieW

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8:28 AM, 3rd September 2021, About 3 years ago

For those of you who live in flats or invest in flats, which is clearly those following this string, this will be of interest.

The management of a block of flats is often controlled by leaseholders, via a Residents Management Company, a Residents Freehold Company, or a Right to Manage Company. This involves both company law and Landlord & Tenant law ... both of which are complex and ever-changing. Whether you're on the controlling side as a Resident Director - or the receiving side as a leaseholder/shareholder - you probably don't know all you should/could know in order to fully understand how the management of the building should be run.

To help leaseholders, shareholders and Resident Directors update their knowledge and understanding, ARMA ... the Association of Residential Managing Agents ... is running a training event at the end of September > https://arma.org.uk/training-events/training-courses/tc101-resident-directors-training Split over three days, there are three 2-hour sessions, which cover the following topics and more:

> The Lease - demystified
> The Company - what type is yours?
> Three Hats - directors' various roles
> Managing Agents - professional advice, needing support
> Memorandum & Articles of Association - demystified too
> The Law - the important bits to know
> G D P R - don't get caught out
> Meetings - when, who, what and why
> The Neighbour From Hell - avoid the battle but win the war
> First-tier Tribunal or Court - a layman's guide to the law in practice
> Accounts - what money goes where and why
> Section 20 - notices and practicalities
> Right to Buy - what to do ... fast
> Right to Enfranchise - when and how to succeed
> Directors and Officers Insurance - "CYA"
... together with interactive questions and answers throughout. And all for a stupidly low price of £30 per person.

I urge anyone who owns a flat, whether as an investment or as their home, to attend this live webinar course. You are guaranteed to learn something useful and I have no doubt that knowledge will save you more than the course fee.

And for those who cannot attend at the end of September, there's my own online course ... at a higher price ... here > https://bernie-wales-school.thinkific.com

Whichever route you choose - enjoy learning leasehold 🙂

Puzzler

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12:57 PM, 3rd September 2021, About 3 years ago

Reply to the comment left by Ian Cognito at 05/06/2021 - 23:54
Just because it was 8% last year and 40% this does not mean the situation is worse. It could just mean that more people paid after the year end this year than last year. Even if they paid the following day it would not show in the accounts

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