Freeholder has palmed me off onto her managing agent

dericS

Hello everyone,

I have an issue which I'd appreciate some guidance on. I am a leaseholder in a property comprised of two flats. The other flat is owned by the freeholder. The freeholder rents out her flat. She has has a managing agent dealing with the tenants for her flat. I have just received notification that she has now appointed the managing agent to be the agent for the entire building and has instructed me to contact him with regards any issues with the building or the tenants.

I am very unwilling to deal with the agent. There have been numerous issues over the past year which he should have resolved but has not. I find him useless. He has ignored the last issue (about the drains) which I raised and I therefore had to resolve myself. I do not want to be palmed off onto this individual who has not proven to be very helpful at all. Instead, as leaseholder, I would prefer direct communication with the freeholder. This surely is a 'right' given to leaseholders.

My question is therefore, do I have to deal with this managing agent, or am I still legally entitled to deal directly with the freeholder if I wish?

Thank you.

eddddy

Realistically, you can't force a freeholder (or anyone else) to engage with you. The freeholder is entitled to use an agent to represent them, if they want.

Probably, the best thing to do is report things formally and promptly. And if the freeholder doesn't fulfil their obligations under the lease, threaten and/or carry out the due legal processes.

Here's details of the more formal things you can do: http://www.lease-advice.org/information/faqs/faq.asp?item=159

Here's details of another way of dealing with problems: http://www.lease-advice.org/publications/documents/document.asp?item=83

(The links talk about Landlord rather than Freeholder - as that's the legal term.)

dericS

eddddy wrote: »

Realistically, you can't force a freeholder (or anyone else) to engage with you. The freeholder is entitled to use an agent to represent them, if they want.

Eddddy, thank you so much for your response. It has been helpful. I guess the question boils down to my legal standing with the freeholder. Legally I am entitled to know their contact details. Therefore it follows that I should also be legally entitled to responsive and fair communication with the freeholder directly, rather than being fobbed off onto her representative (who as mentioned before, is useless).

I shall check this with the LEASE Advisory service too, but would appreciate advice from anyone who has been in a similar situation or who may know absolutely what the legal view on this is.

Thank you.

G_M

If the freeholder appoints an agent to act on their behalf, that is what the agent should do.

And once you've been formally advised of this, that is who you should deal with.

ethank

If you can prove that the managing agent or freeholder is not fulfilling there role, you could ask the LVT to appoint a manager. See http://www.lease-advice.org/information/faqs/faq.asp?item=105

You have no right to be dealt with by the freeholder