Non payment of service charge?

I cant give a definitive answer as the laws are different in Scotlandand you have commonhold not leasehold, so it really isn’t my area, but…

I know that this is a problem when works are needed and in Edinburgh there is a way to involve the council to get repairs done and they can charge individual unit owners.

Obviously they will only do that to fix the roof, not for minor maintenance

If you Google Edinburgh Stair partnership you might find something to help

You could contact “Under One Roof” Scotland but I suspect they would say ‘what do your title deeds say?’. I suspect your lawyer owner will have checked and there is nothing in the title deeds that makes him liable for payment. I would ask however, how did the agreement for the monthly payment come about – would it qualify as a scheme decision under the Tenement (Scotland ) Act 2004? If not, why don’t you and your four fellow owners propose a scheme decision to allow for the £30/month charge, follow the rules exactly, you only need a majority and must inform all parties of the outcome of the vote, then allow 28 days before it can be enforced. It
’s not complicated if you read the explanatory notes for the Act, and at least going forward your lawyer owner would be liable.

I should have said check your title deeds first to see if they state how decisions should be made or if they state that a unanimous agreement is required. Title deeds take precedence over the Tenement (Scotland) Act. The Act was intended to fill in the blanks in title deeds. You can get a copy of the title sheet online for £3 +vat.

Scottish law are different to England and Wales but I would have thought that the Leases would have stipulated how to pay the service charge.

It may be annually in advance, though doesn’t appear so; it may be annually in arrears as the flat owner is not paying the service charge monthly.

You should inform the non-payer that as he is using the lack of a legal obligation as an excuse not to contribute, the other 5 contributors will have their funds returned to them and they will be instructed not to make any further contributions until the lawyer changes his mind. Let the lights go out, let your fire and electrical certifications lapse, cancel the cleaner. See how long he lasts.