Question 1

Bullying Agents

Accepted Answer

Q: We have constant issues with our management agents, who before the new committee was in place, were copied into all residents’ association correspondence and invited to all meetings. As the new committee were aware that this was a courtesy and not a right to invite the agents, we decided not to invite them amid a number of complaints from residents of the alleged “bullying” attitude of the agent, who pushed through numerous works, that in my opinion, were overpriced and in some cases not fit for purpose, with some of the works having to be redone at a further cost to the residents. Since I bought my property and have been on the committee a year, I have been trying to sort out the mess. We are only achieving this by copying in the freeholder on our emails. He asked us to do this as he has been kept out of the loop. However, the management agents are saying they don’t recognise us and want us to prove we are a residents’ association. We joined FPRA in 2007 and approached the freeholder who confirmed this and for a few years after this the same management agents wrote officially to the RA. However, I have scant evidence of this as most of the previous committee are not around and those who are have not kept the paperwork. We also took the freeholder to tribunal many years ago as an RA. Now suddenly the management agents are asking for copies of minutes. They say they wish to confirm the committee members. On previous advice from the FPRA I redacted all the other information with only election of committee members visible. Now they have contacted the previous chair demanding to know why they have not been invited to our meetings and asking her for the full minutes. I have advised her that I did not agree to this and there are GDPR considerations. They are also now asking us for proof that we are a residents’ association and asking for a copy of your invoice and our constitution. Does the attached correspondence hold up as evidence we are recognised by the freeholder and, secondly, is the contractual relationship between the freeholder and the management agents, so the management agents should go to the freeholder for this information? Hope you can help. I am standing down as the chair this year but don’t want to leave a mess for the incoming chair! FPRA Director Shula Rich replies: The agents are interfering in a bullying way. They have no right to the info they are asking for and no right to invitations to your meetings or minutes. Recognition is a formal matter. If you have no letter stating you are recognised by the freeholder then assume you are not recognised. So my suggestion is: (1) you write to the agents and let them know their queries are not appropriate. (2) please look at our booklet on recognition and send a formal letter to the freeholder. (3) if the agents persist, ask for their complaints procedure and reserve the right to refer the complaint to the ombudsman scheme ( time consuming - but you may want to consider it ) (4) the RICS code of conduct tells agents they should deal with both recognised and unrecognised associations - download free from RICS site. (5) if appropriate for your block consider Right To Manage and appoint your own agents. FPRA can give you more details. You’re doing a great job for your block - without people like you team efforts would not be possible [Submitted February 2020]

Question 2

Bullying Agents

Accepted Answer

Q: We have constant issues with our management agents, who before the new committee was in place, were copied into all residents’ association correspondence and invited to all meetings. As the new committee were aware that this was a courtesy and not a right to invite the agents, we decided not to invite them amid a number of complaints from residents of the alleged “bullying” attitude of the agent, who pushed through numerous works, that in my opinion, were overpriced and in some cases not fit for purpose, with some of the works having to be redone at a further cost to the residents. Since I bought my property and have been on the committee a year, I have been trying to sort out the mess. We are only achieving this by copying in the freeholder on our emails. He asked us to do this as he has been kept out of the loop. However, the management agents are saying they don’t recognise us and want us to prove we are a residents’ association. We joined FPRA in 2007 and approached the freeholder who confirmed this and for a few years after this the same management agents wrote officially to the RA. However, I have scant evidence of this as most of the previous committee are not around and those who are have not kept the paperwork. We also took the freeholder to tribunal many years ago as an RA. Now suddenly the management agents are asking for copies of minutes. They say they wish to confirm the committee members. On previous advice from the FPRA I redacted all the other information with only election of committee members visible. Now they have contacted the previous chair demanding to know why they have not been invited to our meetings and asking her for the full minutes. I have advised her that I did not agree to this and there are GDPR considerations. They are also now asking us for proof that we are a residents’ association and asking for a copy of your invoice and our constitution. Does the attached correspondence hold up as evidence we are recognised by the freeholder and, secondly, is the contractual relationship between the freeholder and the management agents, so the management agents should go to the freeholder for this information? Hope you can help. I am standing down as the chair this year but don’t want to leave a mess for the incoming chair! FPRA Director Shula Rich replies: The agents are interfering in a bullying way. They have no right to the info they are asking for and no right to invitations to your meetings or minutes. Recognition is a formal matter. If you have no letter stating you are recognised by the freeholder then assume you are not recognised. So my suggestion is: (1) you write to the agents and let them know their queries are not appropriate. (2) please look at our booklet on recognition and send a formal letter to the freeholder. (3) if the agents persist, ask for their complaints procedure and reserve the right to refer the complaint to the ombudsman scheme ( time consuming - but you may want to consider it ) (4) the RICS code of conduct tells agents they should deal with both recognised and unrecognised associations - download free from RICS site. (5) if appropriate for your block consider Right To Manage and appoint your own agents. FPRA can give you more details. You’re doing a great job for your block - without people like you team efforts would not be possible [Submitted February 2020]

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