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LawyerDan90
LawyerDan90, Solicitor
Category: Law
Satisfied Customers: 254
Experience:  Expert
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A management.company of a freehold property has not filed

Customer Question

Hi. A management.company of a freehold property has not filed accounts... Now 6 months overdue and prior year was also filed late. This is a shared freehold property with 4 flats. 3 leaseholders sold in the last 2 years but have not been rived as directors. The 3 new leaseholders have asked to be added but the 4th who acts as co. Sec. and treasurer has not actioned it. We are now taking matters into our own hands. In the event that companies House issue a fine for late filing who is responsible.... The new directors who were not directors at the year end, or on the filing date ... Or the previous directors who will have been removed in the meantime. Thanks
JA: Where are you? It matters because laws vary by location.
Customer: North Wales
JA: What steps have you taken so far?
Customer: We are having a leaseholders meeting tomorrow to agree our next steps .. we don't think he will turn up
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 don't think so... The guy is incompetent and breached s number of covenants
Submitted: 18 days ago.
Category: Law
Expert:  LawyerDan90 replied 18 days ago.
Good evening, my name is ***** ***** I am a Solicitor. Thank you for your question.
Customer: replied 18 days ago.
Hi
Expert:  LawyerDan90 replied 18 days ago.

Please bear with me, I may need to ask some follow-up questions.

Expert:  LawyerDan90 replied 18 days ago.

Thank you, ***** ***** event that companies house issue a fine it is likely that all officers whether new or existing with be liable for the fine. Any new officers should be aware of the risk i.e they can check companies house before becoming a director. All officers are equally responsible under the Companies Act 2006.

You could appeal the fine but I believe it is more likely than not that the appeal would be unsuccessful.

Customer: replied 18 days ago.
Ok thank you .. that's why I wanted to check. So I think we need to be very careful in which order we do things. I think we need to find a way to get everything up to date and filed and then become directors and then try to remove him. If this isn't successful are we eligible to file a section 22 in our capacity of leaseholders. My other option is to contact companies House to report him and see if we can come to agreement with them that we replace him and become directors without any financial comeback on us
Expert:  LawyerDan90 replied 18 days ago.

It is no problem at all. It is definitely worth assessing the risk. Yes, you could exercise your right under Section 22 of the Landlord and Tenant Act 1985 to inspect the accounts. The accounts must be disclosed within a month of receiving the request.

Yes, it may also be prudent to contact Companies House as the fine (if issued) will increase over time.

You can also complain about a company on the government website. However, this may not be the best thing to do as you wish to eventually become a director.

Customer: replied 18 days ago.
Ok thanks
Expert:  LawyerDan90 replied 18 days ago.

I hope this clarifies matters for you. Best wishes

Customer: replied 18 days ago.
Thanks
Expert:  LawyerDan90 replied 18 days ago.

No worries at all.