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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 9612
Experience:  Dual qualified Solicitor and Attorney
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I am a Director of a Limited Company managing a block of 6

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I am a Director of a Limited Company managing a block of 6 flats wth six directors one of which is Chairman. the Chairman will not carry out any maintenance so I have requested and been granted a hearing. The papers name the Chairman as the defendant . The chairman has responded by saying the company is a separate legal entity so it is nothing to do with him and requested \i withdraw the claim for the overdue maintenance to be carried out.. should I not have named himas dDefendant even though he is responsible for ensuring maintenance is carried out.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: UK County Court. A brief conversation with the Leasehold Advisory Service, but I didn,t ask how to frame the request to the Court. However, I have been given a Court date. I assumed if the Court accepted my Court Fee my request would be in the right form
JA: What steps have you taken so far?
Customer: Been granted a Court date. But was I correct in naming the Chairman of the Company in my request for the hearing?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I just want the overdue maintenance to be carried out as per the Lease.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 10 days ago.
I can wait for 24 hours Thank you.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

As this involves essentially the management company not ensuring maintenance is carried out the Chairman would not be the correct legal party instead it should be the management company itself. That said, as you are a director of the company then you would be liable also via the management company. Instead, your best approach is to have a meeting of directors of the management company and then vote to remove the current chairman in accordance with the articles of association of the company. Appoint a new chairman and then vote for the works to be carried out. I trust this assists

Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 9612
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and 2 other Law Specialists are ready to help you
Customer: replied 10 days ago.
I have tried since February to arrange a directors meeting with no success. I have written seven letters asking for a meeting.
In the last week I have tried again, but unable to gain any support.
Catch 22. I can't get the other directors to even meet.
The County Court have accepted my papers as a Part 8 and given a court date. Should I apply again in the Company name?

Yes you should apply again in the company name. I trust this assists

Customer: replied 10 days ago.
Thank you for advice. I should have spoken to you before. Enjoy your dsym

Happy to help, take care