Who is the MA working for?

Skag

If I have a share of freehold in a property, and I am also a director in the ltd company of the property along with 3 more people, who is the MA working for? The Ltd, i.e. me?
And what happens if a freeholder who is also in that Ltd breaches a clause of the lease? If the MA tries to enforce the lease on her, who would he do it for? The Ltd, i.e her and the other 3?
Can someone explain please?

NeilCr

They work for the Management Company and  enforce on their behalf

Skag

NeilCr said:

They work for the Management Company and  enforce on their behalf

I'm confused.
And who does the management company work for? 

NeilCr

You and your fellow freeholders are the Management Company. (You said you were a Ltd)

You employ the Managing Agent and they work for the Management  Company (I,e all freeholders). Directors of the Management Company (of which you are one) direct the Managing Agent on behalf of all freeholders

eddddy

Skag said:

If I have a share of freehold in a property, and I am also a director in the ltd company of the property along with 3 more people, who is the MA working for? The Ltd, i.e. me?
And what happens if a freeholder who is also in that Ltd breaches a clause of the lease? If the MA tries to enforce the lease on her, who would he do it for? The Ltd, i.e her and the other 3?
Can someone explain please?

From your post, it sounds like there are 6 entities involved:

• 1. The freeholder (the freeholder is a company, probably with 4 directors / shareholders - Mr A, Mr B, Mr C and Mr D)
• 2. Leaseholder 1 (Mr A)
• 3. Leaseholder 2 (Mr B )
• 4. Leaseholder 3 (Mr C)
• 5. Leaseholder 4 (Mr D)
• 6. A Managing Agent (Who is employed by the freeholder, because the freeholder hasn't got the time or skills to do all the admin etc, themselves.)

If, for example, Mr A breaches his lease, the freeholder can take enforcement action (starting with sending a letter, etc).

But the freeholder might decide to ask the Managing Agent to take enforcement action on the freeholder's behalf. (i.e. The Managing Agent sends a letter on behalf of the freeholder.) - because the freeholder hasn't got the time or inclination to do it themselves.

Skag

eddddy said:

Skag said:

If I have a share of freehold in a property, and I am also a director in the ltd company of the property along with 3 more people, who is the MA working for? The Ltd, i.e. me?
And what happens if a freeholder who is also in that Ltd breaches a clause of the lease? If the MA tries to enforce the lease on her, who would he do it for? The Ltd, i.e her and the other 3?
Can someone explain please?

From your post, it sounds like there are 6 entities involved:

• 1. The freeholder (the freeholder is a company, probably with 4 directors / shareholders - Mr A, Mr B, Mr C and Mr D)
• 2. Leaseholder 1 (Mr A)
• 3. Leaseholder 2 (Mr B )
• 4. Leaseholder 3 (Mr C)
• 5. Leaseholder 4 (Mr D)
• 6. A Managing Agent (Who is employed by the freeholder, because the freeholder hasn't got the time or skills to do all the admin etc, themselves.)

If, for example, Mr A breaches his lease, the freeholder can take enforcement action (starting with sending a letter, etc).

But the freeholder might decide to ask the Managing Agent to take enforcement action on the freeholder's behalf. (i.e. The Managing Agent sends a letter on behalf of the freeholder.) - because the freeholder hasn't got the time or inclination to do it themselves.

The leaseholders actually own a share of freehold if that changes things.
If A brakes the lease, he is a freeholder too, so the MA, will take action on behalf of another freeholder?
And, indirectly, the MA works for me, as well as all the others, right?

Skag

NeilCr said:

You and your fellow freeholders are the Management Company. (You said you were a Ltd)

You employ the Managing Agent and they work for the Management  Company (I,e all freeholders). Directors of the Management Company (of which you are one) direct the Managing Agent on behalf of all freeholders

What's in the power of the directors to direct? Anything?

davidmcn

Skag said:

eddddy said:

Skag said:

If I have a share of freehold in a property, and I am also a director in the ltd company of the property along with 3 more people, who is the MA working for? The Ltd, i.e. me?
And what happens if a freeholder who is also in that Ltd breaches a clause of the lease? If the MA tries to enforce the lease on her, who would he do it for? The Ltd, i.e her and the other 3?
Can someone explain please?

From your post, it sounds like there are 6 entities involved:

• 1. The freeholder (the freeholder is a company, probably with 4 directors / shareholders - Mr A, Mr B, Mr C and Mr D)
• 2. Leaseholder 1 (Mr A)
• 3. Leaseholder 2 (Mr B )
• 4. Leaseholder 3 (Mr C)
• 5. Leaseholder 4 (Mr D)
• 6. A Managing Agent (Who is employed by the freeholder, because the freeholder hasn't got the time or skills to do all the admin etc, themselves.)

If, for example, Mr A breaches his lease, the freeholder can take enforcement action (starting with sending a letter, etc).

But the freeholder might decide to ask the Managing Agent to take enforcement action on the freeholder's behalf. (i.e. The Managing Agent sends a letter on behalf of the freeholder.) - because the freeholder hasn't got the time or inclination to do it themselves.

The leaseholders actually own a share of freehold if that changes things.
If A brakes the lease, he is a freeholder too, so the MA, will take action on behalf of another freeholder?
And, indirectly, the MA works for me, as well as all the others, right?

The freeholder is the limited company. The MA should be taking instructions from the company. How the company makes its decisions is its own internal matter.

NeilCr

Skag said:

eddddy said:

Skag said:

If I have a share of freehold in a property, and I am also a director in the ltd company of the property along with 3 more people, who is the MA working for? The Ltd, i.e. me?
And what happens if a freeholder who is also in that Ltd breaches a clause of the lease? If the MA tries to enforce the lease on her, who would he do it for? The Ltd, i.e her and the other 3?
Can someone explain please?

From your post, it sounds like there are 6 entities involved:

• 1. The freeholder (the freeholder is a company, probably with 4 directors / shareholders - Mr A, Mr B, Mr C and Mr D)
• 2. Leaseholder 1 (Mr A)
• 3. Leaseholder 2 (Mr B )
• 4. Leaseholder 3 (Mr C)
• 5. Leaseholder 4 (Mr D)
• 6. A Managing Agent (Who is employed by the freeholder, because the freeholder hasn't got the time or skills to do all the admin etc, themselves.)

If, for example, Mr A breaches his lease, the freeholder can take enforcement action (starting with sending a letter, etc).

But the freeholder might decide to ask the Managing Agent to take enforcement action on the freeholder's behalf. (i.e. The Managing Agent sends a letter on behalf of the freeholder.) - because the freeholder hasn't got the time or inclination to do it themselves.

The leaseholders actually own a share of freehold if that changes things.
If A brakes the lease, he is a freeholder too, so the MA, will take action on behalf of another freeholder?
And, indirectly, the MA works for me, as well as all the others, right?

Yes.

Although it is a pretty straight line of "command"

In your situation I'd be getting the MA to enforce on the Management Company's behalf. The directors would be the ones who give the instruction. The MA shouldn't take an instruction from one leaseholder

eddddy

Skag said:

eddddy said:

From your post, it sounds like there are 6 entities involved:

• 1. The freeholder (the freeholder is a company, probably with 4 directors / shareholders - Mr A, Mr B, Mr C and Mr D)
• 2. Leaseholder 1 (Mr A)
• 3. Leaseholder 2 (Mr B )
• 4. Leaseholder 3 (Mr C)
• 5. Leaseholder 4 (Mr D)
• 6. A Managing Agent (Who is employed by the freeholder, because the freeholder hasn't got the time or skills to do all the admin etc, themselves.)

If, for example, Mr A breaches his lease, the freeholder can take enforcement action (starting with sending a letter, etc).

But the freeholder might decide to ask the Managing Agent to take enforcement action on the freeholder's behalf. (i.e. The Managing Agent sends a letter on behalf of the freeholder.) - because the freeholder hasn't got the time or inclination to do it themselves.

The leaseholders actually own a share of freehold if that changes things.
If A brakes the lease, he is a freeholder too, so the MA, will take action on behalf of another freeholder?
And, indirectly, the MA works for me, as well as all the others, right?

You're confusing yourself - you need to take a step back. Look again at the 6 entities involved.

So, for example:

• Mr A is a leaseholder
• Mr A is a shareholder in the company that owns the freehold

A leaseholder (like Mr A) is legally required to observe covenants in their lease.

And, the company that owns the freehold (i.e. the freeholder) is (probably) legally required to enforce covenants in the lease, if another leaseholder (e.g. Mr C) tells them to. (But the freeholder might ask their Managing Agent to enforce covenants on their behalf).

But people do not always do what they are legally required to do.

Is this a hypothetical question, or is there a real issue? If you describe the real issue, it might be possible to give you a clearer answer.

Skag

eddddy said:

Skag said:

eddddy said:

From your post, it sounds like there are 6 entities involved:

• 1. The freeholder (the freeholder is a company, probably with 4 directors / shareholders - Mr A, Mr B, Mr C and Mr D)
• 2. Leaseholder 1 (Mr A)
• 3. Leaseholder 2 (Mr B )
• 4. Leaseholder 3 (Mr C)
• 5. Leaseholder 4 (Mr D)
• 6. A Managing Agent (Who is employed by the freeholder, because the freeholder hasn't got the time or skills to do all the admin etc, themselves.)

If, for example, Mr A breaches his lease, the freeholder can take enforcement action (starting with sending a letter, etc).

But the freeholder might decide to ask the Managing Agent to take enforcement action on the freeholder's behalf. (i.e. The Managing Agent sends a letter on behalf of the freeholder.) - because the freeholder hasn't got the time or inclination to do it themselves.

The leaseholders actually own a share of freehold if that changes things.
If A brakes the lease, he is a freeholder too, so the MA, will take action on behalf of another freeholder?
And, indirectly, the MA works for me, as well as all the others, right?

You're confusing yourself - you need to take a step back. Look again at the 6 entities involved.

So, for example:

• Mr A is a leaseholder
• Mr A is a shareholder in the company that owns the freehold

A leaseholder (like Mr A) is legally required to observe covenants in their lease.

And, the company that owns the freehold (i.e. the freeholder) is (probably) legally required to enforce covenants in the lease, if another leaseholder (e.g. Mr C) tells them to. (But the freeholder might ask their Managing Agent to enforce covenants on their behalf).

But people do not always do what they are legally required to do.

Is this a hypothetical question, or is there a real issue? If you describe the real issue, it might be possible to give you a clearer answer.

Nope, I've just been trying to get my head around it, freehold vs leasehold vs MA, and where the Ltd stands it etc.