Changing Agent needn't be daunting if you choose well. At Ringley Natalie and Danielle are here to make light work of getting what we need from other Managing Agents and deciphering from the budget what plant is on site and which contractors we need to track down. And if there is no cooperation, Ringley Law can change Companies House codes and buy leases to get us started.
We understand that you wouldn't be changing unless there were problems, so we will over resource things year 1 to give you a good start
Setting up for block management with Ringley
We know block management handovers are not always easy but there are ways to get the data we need to get started and getting you set up for operational block management is our headache not yours.
We follow the ARMA recommended handover list and will seek all property docs including: insurance, contracts and contractor lists, owners, title documents, accounting, site staff payroll, health & safety and company information.
We like to write out to all owners before we start on site so they can get a flavour of Ringley. You’ll find us very approachable throughout the transition process.
With as little as a lease and list of owners immediate set up is possible. We’ll reserve the position on opening balances and other matters whilst we piece the rest together.
Vetting of papers before your RTM
We can investigate the Service Charge Accounts Balance sheet to:- advise if things have been hidden on your balance sheet
- outline the remedies if you’re worried about past overcharging including the legal principles of reasonableness and recoverability
Remedies if you cant get the papers from your previous Managing Agent
If the Managing Agent you are leaving is uncooperative, we can threaten to:
- report them to ARMA after 3 months if regulated
- report them the Property Ombudsman after 3 months if registered
- report them the Property Ombudsman after 3 months if registered
- a claim of Tresspass to Goods on the basis that the files are the property of the Client
- to join the previous Agent in any unpaid service charge claims due to non production of records
- a claim of Conversion if there is an unequivocal demand for delivery of the papers and an unequivocal refusal to do so
It you’ve achieved your Right to Manage but can’t get the funds
- we can file a Section 94 application with the Tribunal
- whilst your RTM starts from a zero position, Ringley Law can report the former Agent under S37 of the 1985 Landlord & Tenant Act for non compilation of accounts and balancing charge which could lead to a Level 4 (£2,500) fine.
Help to simplify administrative matters
It is posible to vary an overburdening lease to reduce costs, e.g., for small blocks if the lease requires an 'audit' as opposed to 'service charge verification' then Ringley Law can preapre a Section 37 application to the Tribunal to vary the lease, thereby saving the cost of an expensive audit year after year. If you’re worried about people dropping out of your RTM leaving less people to cover the RTM company costs - we can register a restriction on titles to require new owners to become members.
Frequently asked questions
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What is a managing agent?
A managing agent is a professional who is responsible for the day-to-day management of a property, usually on behalf of the owner or landlord. The role of the managing agent is to ensure that the property is well maintained and that any repairs or improvements are carried out promptly and efficiently. They will also liaise with tenants on behalf of the landlord, and handle any queries or issues that may arise.
If you are a tenant living in a property managed by a managing agent, you may find that you need to contact them from time to time with requests or queries. You may also need to get in touch if you want to make changes to your tenancy agreement, such as requesting permission to make alterations to the property.
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How do I change my managing agent?
In some cases, you may need to change your managing agent. This could be for a variety of reasons, such as if you are not happy with the service you are receiving, or if you move to a new property that is managed by a different company. If you do need to change your managing agent, there are a few things you will need to do.
First of all, you will need to check your tenancy agreement to see if there is anything in it that states you must use a particular managing agent. If there is such a clause, you will need to obtain permission from your landlord before you can change to a different company.
If there is no clause in your tenancy agreement, or you have obtained permission from your landlord, the next step is to contact the managing agent you wish to use and request that they take over the management of your property. They will then need to get in touch with your current managing agent to arrange for a transfer of service.
Once the new managing agent has taken over, they will usually send you a welcome pack with information on their services and how to contact them. They may also need you to sign a new tenancy agreement, so be sure to check this before you agree to anything.
Changing a managing agent can be a hassle-free process if you follow the steps above. Just be sure to check your tenancy agreement first, and get permission from your landlord if necessary. With a little planning, you can make the switch with minimal disruption to your tenancy.
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Can freeholders change managing agents?
The short answer to this question is yes, freeholders can change managing agents. However, there are a few things to bear in mind before doing so.
As a freeholder, you are responsible for the overall maintenance and management of your property. This includes appointing a managing agent to take care of day-to-day tasks such as repairs and dealing with tenants.
You may decide to change the managing agent for a number of reasons, such as if you are not happy with the service you are receiving, or if you move to a new property that is managed by a different company.
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Can leaseholders change management companies?
The answer to this question is a little more complicated, as it depends on the terms of your lease. In most cases, you will need to obtain permission from your landlord before changing management companies. This is because the management company is usually appointed by the landlord, and they may have a contract in place that states you must use their services.
If you do need to change management companies, the first step is to check your lease agreement to see if there are any restrictions in place. If there is such a clause, you will need to obtain permission from your landlord before you can switch to a different company.
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How do you take over building management?
The process of taking over building management can vary depending on the type of property and the company that currently manages it.
