Freehold issues and leaseholds not paying service charge?

by Readers Question

8:40 AM, 10th July 2020
About a month ago

Freehold issues and leaseholds not paying service charge?

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Freehold issues and leaseholds not paying service charge?

I wonder if someone could give me some advice, I’m a leaseholder of a flat that I purchased some 17 years ago in a block of 155.

The service charge was around £2,500 per year, now gone up by another £1,200 for a reserve fund as there is no funds.

The Freeholder managed the property, but just took the money and did very little work.
This was once a lovely prestigious block with a concierge, sauna, gym and swimming pool, but over the years, due to lack of maintenance, these are no longer in use, over 7 years now, the property had lost valve compared to comparable next the road by up to 35%, the deteriorated got so bad that enough was enough, we managed to require RTM (Right to Manage) after a four-year battle, but the problem I have, quite a few of the tenants didn’t pay the service charge, I believe around 15, but due to GDPR not 100% sure as RTM board wouldn’t give these details.

I can understand the reason why people withheld the money, the problem now is that a few people have got used to not paying which put the pressure on others and the only way to get this resolved this to issue legal notices, but RTM does not have the authority abound this point, if the non-payers ignore the notice, the Freeholder are the only ones that can instruct a 146 section and they’re not interested. my question is

What can be done to ensure the Freeholders are held responsibility for the negligence and inability to keep the building in fit and safe condition.

How can the other leaseholder be forced to pay the service charge, I think it’s completely unfair that we are paying whilst others are getting away with it, or should I just stop also.

Thank you in advance.

Scott



Comments

terry sullivan

10:56 AM, 10th July 2020
About a month ago

gdpr is an excuse

you can details of lessees from lands registry--few quid a title

sounds like freeholder should be removed--try lease for advice--its not brilliant but some help and its free

Puzzler

13:13 PM, 10th July 2020
About a month ago

Have you been issued with a copy of the accounts?

Bridget Price

23:49 PM, 10th July 2020
About a month ago

Reply to the comment left by terry sullivan at 10/07/2020 - 10:56
The RTM Company can take the non payers to the Small Claims Court to get arrears paid. I am a Director of a RTM and we have just done that with one leaseholder who wasn't paying. The Lease Advisory Service are helpful and there is a lot of information on their web site.

Yasin Leysan

0:27 AM, 11th July 2020
About a month ago

Hello there,

The rtm company director has a legal responsibility to collect the service charges and maintain the building for the interest of everyone. If you can proof the the service are owed then send the bailiff to collect for you. You dont need courts to send bailiff. I have dealt with similar case and we only get paid after we involved the bailiffs.
We all know that without service charges building cannot be safely maintained but sadly some do take advantage when the building is self managed.

Thanks

Jon D

16:59 PM, 11th July 2020
About a month ago

Get their details off land registry like the chap said, then a firm letter explaining that a court judgement in your favour is a CCJ for them. The 3 magic letters.
Indicate their credit score will collapse once CCJ awarded. Mention Bailiffs.

Tell them: Can't Pay We'll Take It Away!
The firm in said TV show is: DCBL. Have a chat.


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