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Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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Question 2 of 3 Background: I have reason to believe and

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Question 2 of 3

Background: I have reason to believe and do believe that a solicitor who is acting for a resident’s management company (RMC) is acting in bad faith, knowingly shielding the directors. The solicitor has admitted in writing that 1. There have been no elections of directors for the last 4 years; and, 2. There has been no accounting of service charges in the last 4 years. Such unelected directors are not directors at all, but are merely purporting to be directors, to their significant personal profit. The solicitor is actively protecting their illicit interests.

2. The solicitor is acting for the RMC in court cases against the residents. How can they bring this solicitor’s misconduct to the attention of the county court and LVT?

1. It is always possible to make these allegations in court against the solicitor concerned. However, be aware that it is rare that a court will listen to allegations of misconduct on the part of the opposing solicitor when money is sought to be recouped. Accordingly, the misconduct of the solicitor is not relevant to the issue of what money is owed by the particular resident to the Residents Management company. So normally the court will just deal with the issue before it, which concerns what money is owing. You are better off bring any allegations of misconduct relating to the conduct of the solicitor to the attention of the Solicitors Regulatory Authority ( who deal with the personal conduct of solicitors. It is only in the rare situation where there has been an unlawful combination on the part of the solicitor with the RMC that a court will have regard to it in a case of a debt being owed by the resident. However, in order to make this case successfully, there would have to be no money owing in law by the resident. You cannot simply make allegations against the solicitor and hope that the money will not have to be paid. PLease RATE the Answer positively so that I may get paid

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