Assumption: You are a director of the freehold company, which means that you can instruct the managing agent. (If you aren't then you need to get yourself on the board).
DiamondEcho wrote:I live in a share of freehold building as a flat-owner and with a share in the freehold company. The building is managed (poorly) by a managing agent. I am concerned about who lives in a number of flats in the building, let to one individual, as the tenants seem to frequently change, so sub-letting or 'under-letting' appears to be taking place. I am concerned that occupancy of the building is not such that it prejudices the building insurance.
What makes you think that the buildings insurance policy may be prejudiced?
What does the lease say about subletting?
DiamondEcho wrote:I asked the managing agent who lives here and what their tenures are, but they declined to tell me suggesting that 'due to GPDR' those that live here would have to permit such disclosure. I don't know if that's true but I have a feeling the agent do not know who lives here.
The reality here is this:
They only know who the long leaseholders are.
The freeholder and the managing agent aren't party to the subtenancies.
Unless the lease required notification of subtenancies, and this requirement has been enforced, then they won't know who the subtenants are.
In short the managing agent, instead of telling you "like it is", they've fired off the GDPR excuse.
DiamondEcho wrote:As a share of freeholder/director do I have shared responsibility/liability to ensure lease obligations are being met?
You need to split that sentence in two.
As a director, you are responsible as a company officer, for ensuring that the freeholder's obligations are met.
This includes fulfilling the freeholder's duties to long leaseholders, and ensuring that long leaseholders comply with their obligations to the freeholder.
As a shareholder (alone), you have no direct responsibility/obligation. However if you stand idly by whilst the freehold company becomes a train crash, and the company runs out of money because they've been sued, you could end up with a worthless share in a dissolved company, and a new freeholder...
If you are not a director of the freehold company, consider offering your services.
If you are a director, then examine what kind of service your managing agent is providing.
Some managing agents need a clip round the earhole/pointing in the right direction every once in a while, especially if they have been "left to it".
You might want to consider looking around for a replacement - this obviously depends on where you are.
Conversation with people who live in other blocks of flats, might throw up some names.
Consider finding out the names of people on tenants association committees and boards of directors of other blocks, who may be able to help you.
Don't be afraid to terminate the existing managing agent's contract - the only thing to check is that the accounts are in order and there are no financial shenanigans.
PochiSoldi