SammyHp Posted February 28 Report Share Posted February 28 I am the owner of a leasehold flat where the management company owns the freehold to the block, so I'm also a shareholder. We have directors appointed to oversee the management and they have in turn appointed a managing agent. As a leaseholder, do I have a right to see the management contract. I'm being told that I'm not a party to the contract and therefore can't see it. Is this correct please? Quote Link to comment Share on other sites More sharing options...
Grampa Posted February 28 Report Share Posted February 28 With your leaseholders hat on, no you are probably not intitled to see it. As a shareholder and interested party of the management company I would say there is no good reason why you couldn't see the contract. That appears to me that that they are trying to hide something or just being difficult. Can you become a director or get a few other leaseholders on your side and bring it up at the next AGM meeting which I guess you have at least once a year. Look at this site which give a wealth of info on leasehold/freehold issues https://www.lease-advice.org/ Quote Link to comment Share on other sites More sharing options...
Richlist Posted February 28 Report Share Posted February 28 4 hours ago, SammyHp said: I am the owner of a leasehold flat where the management company owns the freehold to the block, so I'm also a shareholder. We have directors appointed to oversee the management and they have in turn appointed a managing agent. As a leaseholder, do I have a right to see the management contract. I'm being told that I'm not a party to the contract and therefore can't see it. Is this correct please? I'm puzzled with the levels of management.......management company (who own the freehold), directors (appointed by who ?), managing agents (who presumably handle day to day work on the estate). As a leaseholder I assume you aquire one share when buying a property, directors are appointed at an annual shareholder/residents meeting and they delegate work required to the managing agents. Most of the requirements will be detailed in your lease. If you have issues with whats being done or when or how it's probably best to talk with the directors or you must have a contact supplied by the managing agents......talk to them. There is every chance that there won't be a single contract. Work such as repairs or maintenance will be handled on an ad hoc basis. They will bring contractors in with skills to deal with whatever work is required at the time. Quote Link to comment Share on other sites More sharing options...
Grampa Posted February 28 Report Share Posted February 28 Assuming all leaseholders own a share of the freehold I think the poster is referring to the limited company that owns the freehold where he/she refers to management company. That company would normally have at least a couple of directors and in a lot of situations like this the directors would take control and make decisions sometimes without informing all the shareholders. The directors most likely instructed a managing agent because they either don't have the time or skills to do it themselves. However, because the leaseholders own the freehold they can to an extent dictate the terms, fees and level of service to the managing agent. If the freeholder was independent of the leaseholders he wouldn't normally care because its the leaseholders who are paying the fees via the service charges. Quote Link to comment Share on other sites More sharing options...
SammyHp Posted February 28 Author Report Share Posted February 28 Thanks everyone for your replies. A friend who works for CAB has said that as the directors for the management company are appointed to manage the company and are the "officers" of the company, they are essentially the parties to the lease on behalf of the company and that I probably wouldn't be able to view the contract. I understand that to a degree, and there is nothing underhand that I'm trying to say is happening, I was largely just interested, but then curious as to why I was refused it. The contract I'm talking about is the one between our management company and the managing agent.. Quote Link to comment Share on other sites More sharing options...
Richlist Posted February 28 Report Share Posted February 28 This is where we really don't have enough information to be certain. Sammy didn't say he owns a share of the freehold just that he is a shareholder. This may mean he owns a share in the Company that manages the development (e.g. repairs & maintenance etc), along with all the other owners who own a share. Quote Link to comment Share on other sites More sharing options...
SammyHp Posted February 28 Author Report Share Posted February 28 Hi, the management company owns the freehold and I am a shareholder in the management company. Therefore I believe I have a share of the freehold. Is this not the case? Quote Link to comment Share on other sites More sharing options...
Grampa Posted February 28 Report Share Posted February 28 20 minutes ago, SammyHp said: Hi, the management company owns the freehold and I am a shareholder in the management company. Therefore I believe I have a share of the freehold. Is this not the case? Sounds like it. But to confirm go through the paperwork you were provided at the time of purchase or look on Companies house website which will list directors, shareholders accounts etc. Quote Link to comment Share on other sites More sharing options...
Richlist Posted February 28 Report Share Posted February 28 Thanks for clarifying that point. I'm a shareholder in e.g. Marks & Spencer but it doesn't confer any special rights to me seeing detailed documents or contracts that the directors enter into with their suppliers and business associates. I suspect that your situation may be the same. I'm sure they'd respond if you had specific questions regarding service charges, the work carried out, the legalities/ notices etc. Quote Link to comment Share on other sites More sharing options...
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