I want to contact the other members of our RTM company. Am I entitled to see the register of members, and what do I have to tell the company?
An RTM company must keep a register of members, and the Companies Act 2006 allows members and other persons to request inspection or a copy. A request under section 116 must contain the information the Act specifies, including the purpose for which the information will be used. The company must either comply or apply to the court for a direction that the purpose is not a proper one. Being a leaseholder is not the same as being a registered member, and information obtained from the register must not be used for unrelated purposes.
Every company, including a right to manage (RTM) company, must keep a register of members. It records who the members are and when they became members. It is a statutory record, not an informal contact list, and it is separate from anything the managing agent holds about residents.
Owning a qualifying flat gives you the right to become a member of the RTM company, but membership normally follows a separate step. Someone may have been a member in the past and no longer be one, and a flat may have changed hands without the new owner joining. Before relying on member rights, check the register and the company's articles, which for most English RTM companies follow the prescribed model articles.
Section 116 of the Companies Act 2006 allows a member, or any other person, to request inspection of the register or a copy of it. The request must state the specified information, which includes the requester's name and address, the purpose for which the information will be used and whether it will be disclosed to anyone else.
The company then has a short statutory period in which it must either comply or apply to the court. If the company considers the purpose improper, the court can direct that the company need not comply. That safeguard exists precisely because the register contains names and addresses.
Purposes connected with the governance of the company, such as contacting members about a general meeting, a resolution or a genuine concern about the management of the building, are typically the kind of purpose members put forward. Purposes unconnected with membership, such as marketing, canvassing for unrelated business, or pursuing a personal grievance against an individual, are the kind that attract objection.
Be specific and truthful about the purpose. A vague request is more likely to be challenged than a clear one.
Names and addresses are personal data. If you obtain the register, use it only for the stated purpose, do not publish it, do not pass it on without a lawful basis, and do not use it for unsolicited marketing or anything that could amount to harassment. Misuse can have legal consequences and will almost certainly damage your position with the other members.
Contacting members is often a step toward requiring a general meeting or proposing a resolution. Our hub answer on concerns about how an RTM company is being run sets out the sequence, and our answer on unresponsive RTM directors covers what to do when nothing is being answered. Directors weighing their own position may also find our answer on RTM and RMC director personal liability useful.
This page provides general information about property management in England and is not legal advice. The appropriate steps will depend on the lease, the RTM company's articles, company membership, the available evidence and the circumstances of the building.
Access to the register is a governance tool, and it is treated as such by both the Act and the courts.
Treating the register as a residents' contact list
It is a statutory record of members and must be used for proper company purposes only.
Sending a request with no stated purpose
Section 116 requires specified information, including the purpose and any onward disclosure.
Ignoring a request
A company must comply or apply to the court within the statutory period.
Assuming leaseholders are automatically members
Membership is a separate step and should be checked before relying on member rights.
Most questions on this topic are management questions rather than legal ones, and the two are worth separating. A managing agent can tell you how something works day to day and what it will cost. A solicitor tells you what your rights are and how a Tribunal is likely to view them.
East Valley Properties provides management expertise, not legal advice. Where a matter turns on the wording of your lease or on formal proceedings, we will say so and work alongside your solicitor.
The official material behind this guide. We summarise it in plain English rather than reproducing it.
Duty to keep a register of members.
Rights to inspect and require copies, and the information a request must contain.
Company's right to apply to the court where the purpose may be improper.
The prescribed articles most English RTM companies adopt.
Official guidance on handling personal data lawfully.
We act as managing agent for RTM companies across Greater London and Essex, covering service charge accounting, compliance and contractor management on fixed fees.
Answered by Romain Maillard - Director, East Valley Properties
Romain manages residential blocks and estates for RTM companies, residents' management companies, share of freehold developments and freeholders across East London and Essex.
Published
This answer has been anonymised. Personal details, addresses and company names have been removed. Guidance is general and does not replace advice from a solicitor or surveyor on your specific block. East Valley Properties is a managing agent, not a firm of solicitors or legal advisers.
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