RTM Directors Responsibilities
A Right to Manage Company is legally bound to operate in line with the Memorandum and Articles of Association of the company. These set out the structures and approach within which the Right to Manage Company has to operate.
Directors of RTM Companies have the responsibilities of any Company Director as defined in the Companies Act 2006 as well as specific responsibilities for carrying out the landlord’s functions in the property.
This document sets out a simplified interpretation of the Directors’ responsibilities.
Reference should be made to the Companies Act 2006 and your company’s RTM Articles for a precise understanding of your responsibilities. Companies House produce several free explanatory leaflets that may help in this regards e.g. Directors and Secretaries Guide (GBA1).
These responsibilities may seem broad when initially reviewed, but Directors are generally protected by taking out Directors insurance with their block insurance, which is not that expensive, and by getting assistance from their managing agent, such companies help ensure the Directors are following statutory requirements.
Company Director Responsibilities
The role of the company director has recently been defined by The Companies Act 2006 and requires Company Directors to act in a way most likely to promote the success of the business (or in this case the RTM Company).
You must exercise a degree of skill and care. You must:
You must act in good faith in the interests of the company as a whole. This includes:
You must obey the law:
Company law requires you to produce proper accounts and send various documents to Companies House.
Responsibilities to undertake Landlord Functions on the property
Once an RTM Company successfully completes its Right to Manage acquisition from the Landlord, it has responsibility to undertake the Landlord functions in relation to the property. It is the responsibility of the Directors of the RTM Company to ensure these functions are undertaken appropriately.
The key responsibility of the RTM Company (and hence the Directors) is to undertake these functions in line with the Leases of the units in the block. Note: Leases of units can be different from each other.
This relates to all those areas for which a service charge is payable:
The Directors have responsibility to ensure that:
The Directors may be held accountable, if they are derelict in these responsibilities.
The RTM company has a duty of care for defective premises (i.e. it must fix them), and has a duty to the Landlord not to let their property deteriorate through lack of maintenance.
Directors should note that the RTM Company should not: