What you NEED to know

If you are unfortunate enough to find yourself in a situation where CPM Asset Management (or any other agent) are mis-managing your development, running it into the ground and generally making your life miserable then before you begin the process of getting rid! there are some things you are going to need to know.

Educate yourself …

1. Terms

Management Company or Managing Agent – not the same!

Residents Property Management (9800) Company – A company registered in England and Wales for the purpose of managing a residential property development usually of flats or apartments but also houses. Also known as a Management Company these companies are set up and incorporated by the developer, as required by law. A leaseholder of such a development will be a member of the Management Company.

A Residential Managing Agent – A company (such as CPM) that is employed by the Residents Property Management Company to look after the running of the company and the upkeep of the development. Managing Agents are usually employed by the developer at incorporation and are often appointed as Directors of the Management Company.

2. Get clued up on your Residents Property Management Company!

Firstly you need to know all you can about your Residents Property Management Company and the place to start is Companies House. Use the WebCheck service to order all the reports you can on your company. They are only a quid each and this will give you some vital information most important of which are the companies ‘Current Appointments’, i.e. who are the current Directors/Secretary(s), and your companies registered address.

NB. It is the author’s experience that if you are having difficulty with CPM then it is likely they will be named as the sole Directors along with Hertford Company Secretaries (their sister company). Your companies registered address will likely be at:
CPM House, Essex Road, Hoddesdon, Herts, EN11 0DR.

3. Call for reinforcements

Now that you have this information you can apply for a copy of, or to be given access to, your companies register of members. This is your right as a Member of your Management Company covered by section(s) 116-119 of the Companies Act 2006 (PDF).

Write to the registered office stating;

“This letter constitutes a request pursuant to Section 116 of the Companies Act 2006 requiring that the writer is sent a copy of the register of members for [insert your Residents Management Company name], company number [insert the company number].”

The act requires that you yourself supply certain information, namely;

  • in the case of an individual, his name and address;
  • in the case of an organisation, the name and address of an individual responsible for making the request on behalf of the organisation;
  • the purpose for which the information is to be used; and
  • whether the information will be disclosed to any other person, and if so,
  1. where that person is an individual, his name and address,
  2. where that person is an organisation, the name and address of an individual responsible for receiving the information on its behalf, and
  3. the purpose for which the information is to be used by that person.

Once received, assuming they comply, this will give you a list of likely allies which you will need if you are going to get rid.

4. Know your lease

Get a copy of your lease. Your solicitor should have given you one at/before completion. They are easy to understand once you’ve read through them a few times and the internet is a great place to look up any terms you don’t understand. Learn as much as you can by yourself. If there are parts you are struggling with page mark them and make a list. Then get your solicitor to go through them with you if you really need to. Or post a question on UK Leasehold forums.

Make sure you understand all the covenants relating to the Management Company and the Lessees (you). The more you know the better armed you are. This makes it much harder for anyone (CPM in particular) to fob you off.