# Management company refuse access to property



## Dave58 (6 Jun 2013)

Can a management company refuse access to somebody own business property


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## oldnick (6 Jun 2013)

You should describe the circumstances 
-e.g..... 
 what does "own" mean (the landlord or the tenant),
 is there  a legal dispute between mngt company and owner,
 are there monies outstanding,  
have other tenants in the building/Shopping centre  complained about that person(the owner) and instructed the mngt company to refuse access. 
And what does "refuse access" in this case mean ?


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## Dave58 (6 Jun 2013)

This is a small 40 unit ind estate and there are a good number of owners who have outstanding mngt monies due. The mngt company have place a security person at the main entrance who stopping from entering the estate any owners ,employees ,visitors ,deliveries to any of the units that have arrears. At no time have the owners  instructed the mngt company to take this action.
I do not think that they can do this. also I would be worried that the whole estate could be libel to a claim for loss of business


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## bertie1 (9 Jul 2013)

I suppose if they paid their arrears the problem would go away. They cannot have people on the common ground when there is no public liability insurance because the fees were not paid


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## ontour (9 Jul 2013)

If this is a management company in the typical use of the term, then it is the owners.  Who is running the management company?  Is there a management agent?  Did they make this decision?

It would be difficult for a company to make a loss of business claim against a management company who have made every reasonable effort to collect fees but have been ignored by owners.  It would be a very lucky day in court to make that stick.


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## markpb (9 Jul 2013)

Dave58 said:


> . At no time have the owners  instructed the mngt company to take this action



I'm going to make some assumptions
1. You are an owner
2. The directors are owners and have been elected by the owners
3. The decision was taken by the directors, not the managing agent.

If this is the case, it's entirely up to the directors how the company is run. They don't need to ask the owners for permission to implement every idea or change. They act independently and in the best interest of the company.

People get very annoyed when directors make a decision they don't agree with. If you don't like it, volunteer to go on the board yourself and get elected. You don't get to run it from the sidelines.


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