Companies Act 2006

Leaseholders can have two related, but separate legal relationships - one as a tenant/leaseholder under the lease, and another as a member or shareholder of a company A “Resident's Managing Company” (RMC) or “Right to Manage Company” (RTM) which is responsible for the management of the development, appointing a managing agent, enforcing the terms of the lease etc.

In many modern leases, if there is an RMC, it will be named on the lease (and possibly along with the freeholder or other landlords), and hold the head lease for all of the development with rights and responsibilities to assign them when flats are bought and sold. The RMC as the landlord can also bring forfeiture proceedings against a leaseholder if they have breached the lease or not paid the service charges etc. (An RTM company can't do this bit.)

• They are often required to hold Annual General Meetings (In the case of Benedicts Wharf this is not currently the case.)
• The Directors usually have to be members of the company (i.e. have a leasehold on a flat in the block)
• The Articles of the Company (available at Companies House) will set out how this company is supposed to operate, procedures for meetings, voting rights, who can become a director etc.

• Members' power to require directors to call general meeting etc.

• Members' power to require directors to call general meeting etc.

• Rights to inspect and require copies of the register of members

• Resolution to remove director

• Written resolutions
• 292: Members' power to require circulation of written resolution.

• If the company was incorporated under the Companies Act 1985, the Articles will refer to the sections of that act. The Companies Act 2006 is now in force, and most of the 1985 Act has been repealed. Refer to the Table of origins or Table of destinations to find the corresponding section in the 2006 Act. For example, If there is a reference in the Articles to s.368 of the 1985 Act, look in the table of destinations to find the corresponding section in the 2006 Act, s.303.

• Company Meetings and Resolutions: Law, Practice, and Procedure, Third Edition, Leslie Kosmin QC, Catherine Roberts

• Companies House: Becoming a director or member of a residents’ management company