Question 1

Changing Managing Agents

Accepted Answer

Q: The management of our 24 flats have never been very responsive and they have been taken over by a much larger, remote company. We find it difficult to get them to respond to us and they are constantly tardy in paying our gardener, cleaners and window cleaner. We would like to employ local management and have interviewed a possible company. Last time we wanted to change management the freeholder would not agree. Has the freeholder the power or right to stop us changing our managing agent? FPRA Director Shula Rich replies: Although this is serious for the residents the reply is very short I'm afraid. Lessees have no right to appoint a managing agent they choose because the building belongs to the freeholder. We only have the exclusive right to live in the property for the years left on the lease. Right to Manage would give you the right without ownership - please come back to us if it's of interest - or if you had a lessees' management company written into the lease. You can take any issues up with the property ombudsman's scheme that they are registered with once you've been through the agent's complaints procedure. There is an obligation for a freeholder to consult a recognised residents association on the appointment of a managing agent every 4 years, but only to 'consult' not to change to their preference As a courtesy to the residents, there is no reason why the freeholder could not look at their choice of agent - but there is no obligation. [Submitted February 2017]

Question 2

Changing Managing Agents

Accepted Answer

Q: The management of our 24 flats have never been very responsive and they have been taken over by a much larger, remote company. We find it difficult to get them to respond to us and they are constantly tardy in paying our gardener, cleaners and window cleaner. We would like to employ local management and have interviewed a possible company. Last time we wanted to change management the freeholder would not agree. Has the freeholder the power or right to stop us changing our managing agent? FPRA Director Shula Rich replies: Although this is serious for the residents the reply is very short I'm afraid. Lessees have no right to appoint a managing agent they choose because the building belongs to the freeholder. We only have the exclusive right to live in the property for the years left on the lease. Right to Manage would give you the right without ownership - please come back to us if it's of interest - or if you had a lessees' management company written into the lease. You can take any issues up with the property ombudsman's scheme that they are registered with once you've been through the agent's complaints procedure. There is an obligation for a freeholder to consult a recognised residents association on the appointment of a managing agent every 4 years, but only to 'consult' not to change to their preference As a courtesy to the residents, there is no reason why the freeholder could not look at their choice of agent - but there is no obligation. [Submitted February 2017]

Changing Managing Agents

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