Please find below two flow charts which should help explain the responsibility flow between Directors, leaseholders and their managing agent.
Freehold Management Services Ltd is committed to providing a first class service and to do everything we can to ensure you are satisfied. If you feel we have fallen short of this standard. Freehold Management Services Ltd have procedures in place to ensure your complaint is dealt with in a courteous and fair manner. If you are unhappy with the service provided by Freehold Management Services and wish to make a complaint then please refer to the document titled "FMS - Complaints Procedure" which can be found under the menu "Documents" or "By Clicking Here"
ADMINISTRATION CHARGES The Commonhold and Leasehold Reform Act 2002 introduced rights relating to administration charges. These are defined in the 2002 act as ‘an amount payable by a tenant as part of or in addition to rent, which is payable directly or indirectly for: the grant of approvals under the lease or applications for such approvals; for or in connection with the provision of information or documents by or on behalf of the landlord or a party to the lease other than the landlord or tenant; costs arising from non-payment of a sum due to the landlord; costs arising in connection with a breach (or alleged breach) of the lease.’ Any administration charge the landlord asks for must be reasonable and the landlord must provide a summary of your rights and responsibilities relating to administration charges with the demand. If the summary is not included, you do not have to pay the charge until the landlord issues the demand with the summary. In some cases, your lease may also allow your landlord to recover from you legal costs arising as a result of court action or a tribunal decision. These costs may arise as a result of you: failing to pay an amount that was due to the landlord; or breaking (or allegedly breaking) the terms of the lease. If the costs result from one of the situations listed above, they will be classed as an administration charge. Administration charges should be reasonable, and you can challenge them by applying to the tribunal for a decision if you do not believe they are fair. However, as with service charges, you cannot challenge an administration charge which: you have already agreed or admitted responsibility for paying; has been (or will be) referred to arbitration following a dispute; or has already been decided by a court or tribunal.
This information is kindly supplied by ARMA: This guide is for leaseholders thinking about appointing and employing an agent to manage their building. It's particularly relevant for directors of resident management companies and right to manage companies. It explains the benefits of using a professional managing agent, how to go about appointing one and what you can do to get the best out of them. There's also a useful checklist of questions to ask prospective managing agents, a sample tendering letter and a summary of services you may require. You can download the full 14 page guide here.