8 months ago | 2 comments
Hello, The factor (property manager or managing agent) sent out an AGM invitation letter plus agenda and asked property owners to add “other business” and return the form by a specified date.
I returned the form by email attachment on time and followed up with a call to see if the original form should be delivered too. No, came the reply, as it could be “printed off.”
The AGM took place and was deemed quorate according to the deed of conditions.
It became clear the published agenda was not being followed to conduct the business of the AGM, but instead, we were told the maintenance tracker would be used to guide the meeting item by item, of which there were about ten.
I questioned when my “other business” – which was that owners be given a vote in 2026 as to whether they wished to tender the factoring contract – would be raised for discussion.
Answer: “We are only using the maintenance tracker”.
At no point was my “other business” allowed to be heard.
Surely, I feel, this must be a breach of duty under the factor’s code?
In any case I feel like I have been subjected to the worst form of mafia-style tactics – simply refuse to deal with any business at a legal AGM which does not suit the factor.
What can I do?
Richard
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Member Since October 2023 - Comments: 70
9:47 AM, 10th September 2025, About 8 months ago
Are you sure you mean managing agent… They cant chair an agm unless they are a director of the company.
You need to find the name of your management company (not any agent) and get the articles of association (free) from the companies house web site.
That will set out how the company must be run.
Member Since October 2013 - Comments: 1642 - Articles: 3
10:23 AM, 10th September 2025, About 8 months ago
If this is a RTM Co Ltd, which is governed by Company law, then there needs to be a quorum of directors, who would be leaseholders. They can decide with a majority vote to remove the managing agent. How did this ‘factor’ (I don’t know what that is) decide if the AGM was quorate? Who are the directors?
Otherwise, I don’t see why there would be an AGM.
Member Since January 2015 - Comments: 1450 - Articles: 1
1:33 PM, 10th September 2025, About 8 months ago
Invitation to an AGM? Are you a shareholder? A Director?