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  • FIRST POST
    • demontfort
    • By demontfort 14th Sep 18, 11:22 PM
    • 191Posts
    • 278Thanks
    demontfort
    Right to Manage Liability
    • #1
    • 14th Sep 18, 11:22 PM
    Right to Manage Liability 14th Sep 18 at 11:22 PM
    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
Page 1
    • Thrugelmir
    • By Thrugelmir 14th Sep 18, 11:39 PM
    • 61,016 Posts
    • 54,212 Thanks
    Thrugelmir
    • #2
    • 14th Sep 18, 11:39 PM
    • #2
    • 14th Sep 18, 11:39 PM
    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.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • demontfort
    • By demontfort 15th Sep 18, 8:12 AM
    • 191 Posts
    • 278 Thanks
    demontfort
    • #3
    • 15th Sep 18, 8:12 AM
    • #3
    • 15th Sep 18, 8:12 AM
    Agreed we have one scheduled which is why we don't plan to pay for this one.
    • NeilCr
    • By NeilCr 15th Sep 18, 10:31 AM
    • 2,392 Posts
    • 3,338 Thanks
    NeilCr
    • #4
    • 15th Sep 18, 10:31 AM
    • #4
    • 15th Sep 18, 10:31 AM
    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.
    Last edited by NeilCr; 15-09-2018 at 10:49 AM.
    • demontfort
    • By demontfort 15th Sep 18, 6:47 PM
    • 191 Posts
    • 278 Thanks
    demontfort
    • #5
    • 15th Sep 18, 6:47 PM
    • #5
    • 15th Sep 18, 6:47 PM
    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
    • By demontfort 15th Sep 18, 6:55 PM
    • 191 Posts
    • 278 Thanks
    demontfort
    • #6
    • 15th Sep 18, 6:55 PM
    • #6
    • 15th Sep 18, 6:55 PM
    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
    • By demontfort 15th Sep 18, 7:05 PM
    • 191 Posts
    • 278 Thanks
    demontfort
    • #7
    • 15th Sep 18, 7:05 PM
    • #7
    • 15th Sep 18, 7:05 PM
    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.
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