Lease

That thick wad of bad photocopying your solicitor gave you and which you shoved under the bed and never tried to read cos it looks like it was written in Latin and translated into ancient Greek by a moron....

Don't worry, the front page will give you the details you need. It will probably look something like this:

This is an example of a concurrent lease. The flat-owners will contract with the freeholder and separately with the management company. The company assumes the legal right to manage and collect the service charges.

Since the leaseholders as a group are the members of the company, each individual is in effect making promises to the group as a whole and vice versa. The managing agent is not a party to the lease and is merely employed by the company to undertake it's management duties contained in the lease. It is therefore the directors responsibilty to ensure that the agent they appoint does this properly.

You will have to delve into your lease if you wish to find out whether your company has the right to hire and fire agents. Here is an example of a clause that allows it:

"The company may employ such staff or agents for the performance of its obligations hereunder as it shall think fit"

The lessor (freeholder) may also reserve the right to impose it's own choice of agent if they are of the opinion that the Company is not satisfactorily performing its obligations under the lease. This is a good reason for ensuring that your agent does his job and especially important if your Freeholder and the agent you want to sack are closely linked.

If you do not have a concurrent lease or your company does not have the right to hire and fire, you need to seek advice elsewhere. LEASE - The Leasehold Advisory Service offer free advice and guidance.