Hi,
Hoping you can help with this issue we're having with our current managing agent ...
Our Residents Association is trying to get rid of our current agent. We need to contact a number of the buy-to-let leaseholders so that we can tell them what's going on. Despite me being a Director of our residents company, they're refusing to give me any information due to "data protection" issues.
Any advice?
Rob
Hi Rob.
Sorry to hear that you are having issues.
Your agent seems to be in breach of the Companies Act by refusing to provide you with a list of members of the Residents Management Company.
Section 114 of the Companies Act 2006 specifically states that "A company's register of members must be kept available for inspection—(a) at its registered office, or (b) at a place specified in regulations under section 1136". In practice, the records are always kept at the registered office.
Your agent's use of the Data Protection Act is not an excuse for not providing this information. You should show them a copy of Section 114 and see whether this helps move things along.
Good luck.