Hi,
Hoping you can help with this issue we're having with our current managing agent ...
Our Residents Association is trying to get rid of our current agent. We need to contact a number of the buy-to-let leaseholders so that we can tell them what's going on. Despite me being a Director of our residents company, they're refusing to give me any information due to "data protection" issues.
Any advice?
Rob
Hi Rob,
Before we started Right to manage process I was in the same situation and needed to contact the owner who are letting their flats. I contacted the letting agency and asked them to forward my email to the owners. The owner got in touch within 10 days and were very well supportive of RTM idea. Good luck!
Hi Rob,
This is very disappointing. We contacted RICS to clarify what their position is on this matter, but they only referred us to Part 4 of their guidelines which is very general, but certainly does not state that they should refuse to allow the members' register to be inspected.
Our advice would be to report them to the Information Commissioner, Companies House and RICS.
Sounds like you are definitely doing the right thing by changing agents. In our experience, managing agents with these sorts of systemic / attitude problems do not change and your best move is to appoint a more responsible agency.
Good luck.
Well, I turned up at their office today, but didn't have much success. They claimed not to have the information available because the boss was out of the office. Pathetic, especially as I give them advance warning that I was going there. Again, they hid behind the Data Protection Act despite the fact that I'm a Director, although they did soften on this argument fairly quickly. I only left the office on condition that they email me the details within 24 hours, but I'm thinking of reporting them to Companies House anyway.
Thanks for the info. I'll be heading to their office tomorrow to demand to "inspect" the list of members.
Thanks again.
Rob
Hi Rob.
Sorry to hear that you are having issues.
Your agent seems to be in breach of the Companies Act by refusing to provide you with a list of members of the Residents Management Company.
Section 114 of the Companies Act 2006 specifically states that "A company's register of members must be kept available for inspection—(a) at its registered office, or (b) at a place specified in regulations under section 1136". In practice, the records are always kept at the registered office.
Your agent's use of the Data Protection Act is not an excuse for not providing this information. You should show them a copy of Section 114 and see whether this helps move things along.
Good luck.