June/July 2023

Management Company

As mentioned back in January 2023, the Management Company, Benedicts Wharf (Barking) Management Company Ltd have still not responded to us, despite several letters, many requests via the Managing Agent for the directors to contact us, and a legal notice served in October 2022 - (Section 21 request for summary of service charge accounts.)

This is regrettable, and has left us with little alternative but to begin a legal action.

We have served the company with a notice under Section 303 of the Companies Act 2006, to call a general meeting of the company, bringing forward resolutions to remove the current directors and appoint new directors from amongst the members (leaseholders of Benedicts Wharf).

During Late April/May, we drafted the Section 303 notice and signed, and sent it on 18th May 2023.

The law requires the company to send out the notice of general meeting to all members entitled to receive it within 21 days of receiving this request.

As of 14 June 2023, we have not received any response, and the 21 day deadline has now passed.

As they have not responded, section 305 of the Companies Act 2006 allows us to call the meeting ourselves.

The lawyers have sent a Section 116 notice (Request for register of members) to allow us to call a general meeting ourselves under the provisions of section 305 of the Companies Act 2006. They had 5 working days to respond with the requested information or apply to the court in order to refuse the request. No response was received.

On further legal advice, we are able to convene the meeting under Section 305, CA 2006 with the information obtained from other sources, for example the Land Registry and other public records. Letters were sent out to all the leaseholders/members on 12/13th July 2023 to convene the general meeting in Barking on 10th August 2023.

If you are a leaseholder and have not received the information, please contact me.