Freehold Director mix up

by Readers Question

9:02 AM, 30th September 2019
About 4 months ago

Freehold Director mix up

Make Text Bigger
Freehold Director mix up

When I bought my flat 2 years ago the managing agent reported that I would be appointed a director of the freehold company and he would take care of this with companies house. I received the share certificate and everything looked normal.

Another freeholder has recently asked to resign and so I checked companies house and to my shock I’m not registered as a director. I’m very unhappy as I want to be involved in the maintenance of the building which has been neglected somewhat in recent years.The managing agent has simply said he thought I was a director and will look into it.

Do I have any legal standing to be appointed or will an AGM need to be called? I’m hoping if its an administration error it can be corrected without too much trouble.

Any help appreciated!

Gerry



Comments

Jim Fox

17:45 PM, 30th September 2019
About 4 months ago

The Management Company secretary should have added you as a director with Companies House, when you purchased your flat.
Its a very straightforward process, and can be done online

David Aneurin

20:38 PM, 30th September 2019
About 4 months ago

A director can be appointed by the current directors making a resolution. The appointment should then be confirmed at the next AGM. Check as rules do vary.
I also query why as someone interested in management it has taken two years to find out?

Puzzler

8:56 AM, 5th October 2019
About 4 months ago

There are quite a few issues you have raised.

Firstly, how many flats are there and how many directors? The fact that the agent said you would automatically become one suggests that all shareholders are directors which may be specified in your lease or Articles of Association. If not, then you can't be automatically appointed other by the other directors which should be ratified by the shareholders at a general meeting or by written resolution. AGMs are no longer a requirement but in your case I suggest you ask for one as it sounds like you haven't had one since you bought your flat and there are maintenance issues to be discussed. You can get involved without being a director but it does make it easier if you are one - suggest you ask the agent to add you immediately.

Secondly, regarding running the company - if the agent believes you are director, are they consulting you (and the others) on expenditure and work to be done? Are there board meetings? If so, then it is just a technicality. If not, who is deciding what is to be done (or not)? If the agent is going about it on their own (clearly not very well) ask them for the budget and maintenance programme and rally your fellow leaseholders. Some won't be interested of course.

Let us know how you get on ...


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Biased AIIC inventory clerks?

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More