Freehold management company in bona vacantia

jbowthorpe

hi everyone.
We've got a problem that I'm hoping someone can help us with. Ultimately its a case of persuading our neighbour to do something, but we need some advice to help persuade this person.

We moved into our current flat just over 4 years ago - we have a share of freehold with 3 other flats. The accounts for the freehold management company have not been filed (by our neighbour, the person in question) for 4 years. The management company is now in bona vacantia.

We've had a couple of kids during this time and are now looking to move; obviously we can't do this without the freehold and the management company being in place.

We've used this forum and other resources to work out what we need to do in practical terms. We've got an accountant ready to get the accounts up to date and a solicitor ready to deal with the bona vacantia, but we can't convince our neighbour to give us the paperwork so that the accounts can be completed.

We are not sure why our neighbour won't give us the paperwork and we have asked countless times in a neighbourly way. We don't want to threaten legal action or use aggressive tactics. I'm looking for a compelling case with which to persuade our neighbour to hand over what we need.

Context:
The other two flats are rented out, owners are not fussed.
We get on with our neighbour, there's no animosity.
We've just renewed buildings insurance - is this valid without the freehold in place?
We are not directors of the company that is in bona vacantia.
The freehold is under 70 years, so could do with renewing.

We are finding it very difficult to make any progress so any help would be grateful received.
Many thanks!

sputnik1957

Get a magic wand.
Seriously if talking hasn't worked I think you need to go down the legal route. Find out where you stand and get it sorted.

[Deleted User]

Is there a chance that the neighbours have spent money they shouldn't have as well as been fairly incompetent? Sometimes people get themselves in a mess and then dig their head deep in the sand so it won't get sorted because they don't have a clue how to sort it themselves.

anselld

How is the freehold owned?
You say you own a share so presumably this is a direct share of the freehold title, rather than a share of the management company.

So if you own the title (jointly) and things like Insurance and Maintenance are getting done, albeit on an adhoc basis, then the existence of a management Company is not essential. The four Freeholders could, for example, jointly agree to extend all Leases and share the legal cost.

Why do you particularly want to resurrect this Company? Is there a suspicion that significant assets have been "diverted"?

melstar11

So the company has been struck off by Companies House for failing to make statutory filings and any assets are bona vacantia? I think you should try speaking to Companies House as a starting point - their telephone number is 0303 1234500. Who were the directors of the company? Everyone who is a director has obligations, not just the person who has the accounts information.

I think you are going to need company law advice to sort this out. There are criminal penalties for misconduct as a company director - your neighbour could be looking at a substantial fine.

xylophone

http://www.ker.co.uk/what-is-a-share-of-freehold/

may be of interest.

Do you own a share of the freehold or a share in the management company that owns the freehold?