Bringing a case against a managing agent

[HawkEye244]

Most people who live in flats know that managing agents can sometimes fall foul of what is reasonably expected of them and concerns about how the service charge money is being spent.

Sorry I've posted here because I can't think of any other sub-section that is more suitable.
Just curious to know if anyone has ever employed a solicitor, preferably no win-no fee to take a managing agent to court for fraud and mismanagement and whether it was worth them doing it?
I don't want to talk here about the whole back-story because it's really besides the point.
What I'm hoping to do is sit all the papers in front of someone that knows what they are doing and can decide if there is a case.
I've researched and looked into LEASE who are a government ombudsman who deal with these matters but I'm really confused about the legal advice they provide and it wasn't at all clear what to do next as it seemed to be my decision to do A,B,C,D etc, etc, ... which wasn't especially helpful. It also meant coughing up money, and I would rather pay out of any money I win back hence the no-win-no fee option.
Any advice is very welcome.
p.s. I'm not bringing a debate about managing agents.

 

[Notch7]

motorbiking seems to be the legal brains on here, hopefully he will have a few tips.......

 

[securespark]

https://www.which.co.uk/consumer-rights/advice/how-to-complain-about-your-property-agent

 

[motorbiking]

I’ve done it. Represented myself over a subletting dispute. Fortunately these big management firms tend to hire lawyers straight out of school and are used to telling people what the law is and being believed.

is this as residents appointed management firm or landlord agent?

there are some proper scumbags in this business.

 

[HawkEye244]

I’ve done it. Represented myself over a subletting dispute. Fortunately these big management firms tend to hire lawyers straight out of school and are used to telling people what the law is and being believed.

is this as residents appointed management firm or landlord agent?

there are some proper scumbags in this business.

Residents association.
Any further info you can offer?
Where did you research the information? How did you know where you stood legally?

 

[motorbiking]

I have more questions. This is a big area of law and it makes a huge difference.

do you think it’s the directors of the resident controlled company who are deficient or the company they have contracted the management work too?

Have you brought your concerns to the attention of the directors? If so do they agree with you?

this may be a simple contract performance issue. An AGM item or case of getting the directors replaced if other residents agree with you.

 

[HawkEye244]

I have more questions. This is a big area of law and it makes a huge difference.

do you think it’s the directors of the resident controlled company who are deficient or the company they have contracted the management work too?

Have you brought your concerns to the attention of the directors? If so do they agree with you?

this may be a simple contract performance issue. An AGM item or case of getting the directors replaced if other residents agree with you.

Yes, I suspect the directors are crooked. At least one of them. The contracted management company just take instruction from them for good or for ill.
One director in particular has a history of violent assault (eastern european migrant) who recently escaped an assault charge, or so I hear.
I fear a serious case of mismanagement and skeptical about the accounts.
There is an issue with regards to outstanding works that have taken place, and the next phase of works (asbestos removal).
It is stated in the lease that management cannot add an overhead fee, but the asbestos coming out does not match what is written down on paper. In short, I suspect a money making exercise. This is the tip of the iceberg.
AGMs haven't been held for years, only one in the last 5 years to vote on major works.
Emails and phone calls completely ignored. Lies upon lies.
A lot of work taking place on director flats and no other.
Etc, etc.
Support would be difficult to find as most are absentee landords who only care if their tenant's not paying.
Is there a court register where I can see the legal status of any outstanding court battles and/or judgements against a person or managing agent?

 

[Brigadier]

My experience of asbestos removal is that the quantities often didn't match up with reality, and that it is as much to do with the removal contractors gilding the lily, as anything else.

 

[motorbiking]

If the resident controlled management company is a limited company, then the directors are bound by the Companies Act. I started pulling a long post together explaining how to go through the articles of association and appoint or remove directors. but then I found someone had done all the work for me:

https://forums.landlordzone.co.uk/f...tuation-challenging-or-removing-rmc-directors

 

[HawkEye244]

Good read motorbike, however I was hoping to circumvent all the time and hassle of going to these lengths by getting a solicitor to do this.
In my situation it would be with regards to a £5,000 payment that I made over a number of years for work which I've since found out may never have taken place at all.
I really need to sit down with someone and discuss this and, like I said before, if I had a case I would be willing to pay out of the winnings if it meant I get some of the money back. I don't have the time or energy to dedicate to this myself, trying to balance day to day life and mounting bills with a social life, or whatever there is of it.
I suppose I should take the plunge and start looking at property solicitors.

 

[motorbiking]

Sounds like you have a plan. But this may not be something you can do on a CFA. No harm in trying. There is a lot of work you can do yourself before you start running up the clock.