Right to Manage Liability

demontfort

Hello,


I'm a director for an RTM company which has been managing a small housing complex for about 6 months now. We've recently been invoiced for a lift service that took place at the complex 1 month after the RTM company took over, we were completely unaware of this servicing. This was part of a contract the previous property managers had in place with the lift service company but hadnt bothered to cancel.



Are there any grounds for the lift company to try to recover the debt from the RTM company given that we never contracted for any work with them?


DM

Thrugelmir

Wouldn't you (as Directors) be in breach of the law if the lift hadn't of been inspected. Aren't six monthly inspections mandatory for people carrying lifts.

demontfort

Agreed we have one scheduled which is why we don't plan to pay for this one.

NeilCr

Who as the actual contract with. Was it the property managers themselves or the previous freeholder?

But this seems pretty clear

https://www.lease-advice.org/faq/is-the-right-to-manage-rtm-company-bound-to-carry-on-with-existing-contracts-entered-into-by-the-landlord/

Did you use a solicitor for the handover?

What information about existing contracts did you get/ask for. See the part here about existing contractors

https://www.twmsolicitors.com/download/Nzcw

Would you have had to have an inspection at that time? Part of me thinks it might be less hassle to pay for the one just done and postpone the next one.

demontfort

Thanks for the links, the contract was with the previous management company so it looks like we're in the clear. I wouldn't pay for this lift service unless the law forced me to as we are on very bad terms with the previous management company, so I'm delighted that they'll have to cover the cost. Also I can't be 100% sure the service was carried out, in the past the previous management company have charged us for work with contractors that never took place but somehow was invoiced.

demontfort

In answer to your questions we did use a solicitor for handover, the lift company was listed as a contractor but we were unaware that an ongoing contract was in place or that a service had been agreed post RTM.

demontfort

In answer to your questions we did use a solicitor for handover, the lift company was listed as a contractor but we were unaware that an ongoing contract was in place or that a service had been agreed post RTM.