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JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15479
Experience:  Senior Associate Solicitor
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My partner and I bought a leasehold property which included

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My partner and I bought a leasehold property which included a share of the freehold. We are therefore shareholders in the management company of the building, and our names are ***** ***** the confirmation statements. Prior to the first confirmation statement being submitted to companies house we sent an email the financial director of the management company advising that we do not want our full names to be displayed on the online record, and stated that we wanted our names to be displayed in a shortened format the same as the other shareholders. However, our request was ignored and our full names including middle names were included in the first confirmation statement since we bought the property which is searchable online via search engines. In addition to this, my name is ***** ***** correct representation of my legal name as there is a random letter "D" before my title and name. So not only is the information incorrect but it has been displayed in a format against our express wishes. We are not officers of the management company and do not take part in any of the day to day activities of the company. We are very uncomfortable with the fact that this online record allows anyone to locate where we live. We sent an email to Companies House asking them to please remove that version of the confirmation statement with our full names displayed and replace it with the correct and shortened versions of our names as requested. They responded as follows:“Thank you for your email regarding your name on the confirmation statement. I am contacting you in my capacity as a Customer Services advisor on behalf of Companies House, your enquiry has been registered under the above case reference number.If you wish to provide us with a different name on the confirmation statement, the financial director of the Management Company would need to second file the form CS01 along with a form RP04. I have provided the link below for your convenience.https://www.gov.uk/government/publications/file-a-second-filing-of-a-document-previously-delivered-rp04Please be aware that the previous name will still be shown.You may be able to remove the information from the register by taking the matter to court and seeking rectification under section 1096 of the Companies Act 2006. The registrar of companies must remove from the register any material that derives from anything that the court has declared to be invalid or ineffective, or to have been done without the authority of the company; or that a court declares to be factually inaccurate, or to be derived from something factually inaccurate, or forged; and that the court directs to be removed from the register.If you wish to seek rectification through the courts, the registrar should be added as a party to the application to the court. The legal team at Companies House would be happy to consider a proposed application in draft (together with a draft order), so that the registrar may either approve the application/order, or suggest amendments which can be agreed between parties. We would recommend you take your own legal advice on this matter.I realise you may be disappointed with my response however I hope this information clarifies the matter for you.”I have drafted an email response but thought I should probably seek some advice before I send it. Can you please advise me on how I should respond to this email and how we can avoid going through the courts if possible to resolve this matter.Many thanks
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: We initially requested that the financial director ensure our names are ***** ***** the confirmation statement in a shortened format and since this was ignored we asked Companies House to replace the confirmation statement with a correct record of our names
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing more I can think of at this time
Hello,

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 17 days ago.
Ok I look forward to a response. However, please confirm that my 7 day free trial starts from when I receive a response from the solicitor.Thanks

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

You mention that you have purchased a leasehold property and that you are having issues with the management company.

You can involve the First Tier (Property) Tribunal in the dispute with the freeholder or management company.

The tribunal route is quicker than the county court claims procedure and it's one form which you will need to complete and send to your regional tribunal.

The tribunal will then make a decision and indeed it has the power to appoint or remove a management company for another one to ensure good management of the property.

The Tribunal is made up of 3 people: A lawyer (Chairman), a surveyor/valuer (who could also be Chairman), and a lay person (member of the public). You can present the dispute to them in person or use a firm (such as either of these law firms : https://www.bishopslaw.co.uk/first-tier-tribunal-property-chamber-advice/ or www.bradysolicitors.com who have a specialist department for these Tribunal claims).

The latter firm also offers a free guide on how to change managing agents : https://www.bradysolicitors.com/taking-back-control/changing-managing-agent/

The hearing itself is quite informal. Once made, the order is then binding - if the order is ignored then the county court will recognise it and you can apply for an injunction to force them to comply. The link to the site for general information is here: https://www.gov.uk/housing-tribunals

As for an application to the court, you would need a Part 8 claim form, known as form N208. You should first invite the director to agree to amend the confirmation statement, tell them that you want their response within 7 days, and that if they refuse or they ignore you, you will have to involve the court and issue court proceedings. That way you have given them the chance to avoid court action which the court will want to see (given that court action is a last resort).
Ultimately, you can email Companies House in a reply - but they will do nothing unless you have the signed form from the director, or a court order.

So my view is you approach the director and give them 7 days to comply - if they do not then you are faced with having to issue court proceedings and incur the court fee of £332 (which is recoverable if your application is granted).
You may prefer to use one of the above law firms to write to them - it would have more clout in my view and it would probably cost a third of the court fee (meaning you could sort this with a simple letter from a law firm which may work and avoid court action).

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 15 days ago.
Thanks for your response Jim. My intention is definitely not to have the current management company replaced, we just want the confirmation statement replaced with one that shows our names the way we asked them to be. I should have mentioned that following all of this I spoke with the Financial Director who was willing to try and change the confirmation statement but he advised that completing the relevant forms would just add another confirmation statement to the record and the original record would still be part of the online record. Companies House have also confirmed this in their email response to me. So I suspect the Financial Director would be likely to make the necessary changes (although reluctantly, as he did say nobody else will look at this record but us so "let's not worry about it". But I have my reasons for wanting to have this changed and know that this is not the case). Considering what Companies House said in their email response to me about potentially rectifying the matter through the courts, are you sure that the Financial Director completing the forms would be sufficient for them to change the record / confirmation statement?Thank you

Thanks, ***** ***** one would remain on the site but the amended version would also be on there - the only way to remove the existing one is via a court order under S.1096 (see link and scroll down to "court order": https://www.accountingweb.co.uk/business/finance-strategy/companies-house-how-to-fix-submission-mistakes).
A part 8 claim would need to be issued at the county court - and companies house say they would agree to a draft order (a consent order) so it should be quick.
I would say the director should pay the court fee given that this was his doing.
Companies house are correct in that you should seek legal advice (we do not give legal advice as we are not a law firm but an internet forum - we give general information and guidance from a legal standpoint only). I would recommend you ask a law firm to deal with this and they can also draft the order for companies house to sign.
You can find a local law firm here: https://solicitors.lawsociety.org.uk

Customer: replied 15 days ago.
Thank you again. This is helpful.

My pleasure, thanks

Customer: replied 15 days ago.
I have another query about dogs in communal areas, but bear with me a little please as I would like to cover the history of this for you over a few messages.
Customer: replied 15 days ago.
Firstly, I will say whenever we have an issue in our building I have always attempted to communicate with other residents before speaking to any of the management company directors. However, most of the time people just continue doing what they want with no consideration for the rest of us.There is a communal garden which we can directly access from our ground floor flat. The Maintenance Director is also an owner of several flats and lives in the building in one of the ground floor flats. When we moved into the building there were no dog owners (not that I have a problem with people owning dogs in the building). However, last summer I was in the communal garden and a dog was allowed into the garden unattended with no leash. Naturally I was surprised as I had never seen a dog in the building or garden before and of course, the dog approached me and started barking. Naturally the dog was curious and just wanted to play, but I told the owner (the Maintenance Director) several times I don't want to play with his dog and that he needs to be put on a leash. Fair is fair, there was a period of time when the dog was put on a long, leash fixed to the ground but this has not been the case for over a year now. That same summer we had just cleaned our flat and had our back door open to allow the floor to dry quicker. Not long after this the dog entered our flat and we only discovered he was inside when he almost went into one of the bedrooms. It wasn't considered important to the owners as there was no apology when I told them about it. So during warm weather when we want to open our back door we have always had to put a chair in the doorway just to prevent any dogs coming into our flat. Obviously, this is ridiculous, unacceptable and very unfair.

Hi, thanks - just a note that second questions should be separate to this one, so if you can please post it in a new thread. If you would like me to deal, simply mark it "FAO: Jim" and I will pick it up.

It will not cost extra, just to add.

Customer: replied 15 days ago.
Ok understood. Sorry about that.
Customer: replied 15 days ago.
Am I still able to continue with this thread if I need to down the line?

With this one, yes, for another week - after that we ask for a new question to be posted which is not charged extra.
Thanks

Customer: replied 13 days ago.
Hi Jim
Customer: replied 13 days ago.
I am a bit confused about my membership and how long my free trial lasts for

Thanks, ***** ***** do not deal with membership.
Customer services can be contacted either by email (*****@******.***) or here: www.justanswer.co.uk/help/contact-us

Customer: replied 13 days ago.
But do you understand how long my free trial should last for? I thought it was for 7 days.
I asked my question on the 18th but you were only assigned to answer my question on the 20th
Customer: replied 13 days ago.
Am I able to ask you another separate question?

Hello, customer services can be contacted either by email (*****@******.***) or here: www.justanswer.co.uk/help/contact-us or for refunds please use this link: www.justanswer.co.uk/help/how-to-request-refund

Customer: replied 13 days ago.
Ok. Thanks Jim.

My pleasure, have a good evening.

Customer: replied 13 days ago.
Sorry but am I able to ask you another separate question about the property where we live
?
if you could post a separate one to this, thanks
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15479
Experience: Senior Associate Solicitor
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