Leasehold property - where do I stand legally?

[NotPennysBoat]

Hello, apologies in advance this is going to be long...!

I own a flat in a building of four flats (all owned individually). We all pay an equal monthly fee which goes towards things like communal areas, insurance and a pot for repairs/maintenance.

Last spring, one of the owners was taken into a care home, and his daughter moved into his flat. She immediately stopped paying the monthly fee, and despite numerous meetings we cannot get her to agree to contribute (even though she is obviously getting the benefit of the fund with insurance/communal areas etc). The elderly owner is not thought to have mental capacity for us to progress this though him.

Where do we stand legally on this? Can she be forced to pay into the account, even back payment? Would really welcome any advice on where we can go, the building is needing some major works this year and we need every flat to pay their share!

Is the monthly fee a service charge written in the terms of the lease? The owner is responsible for ensuring that service charges are paid in accordance with his lease, which he’s currently in breach of. Have you asked his daughter whether she or another relative has power of attorney? Somebody will be managing his money and affairs on his behalf if he’s been deemed to lack capacity. His daughter isn’t obliged to pay, she isn’t the leaseholder, and there’s no legal route to make her.

The freeholder can ultimately take court action over the arrears and terminate the lease or have a charge placed on the property to be paid off when it’s sold. Do you all have a share of the freehold and have formed a management committee or is there a freeholder? The MC or freeholder should seek legal advice.

Your freeholder should be dealing with this.
Each l/h has an obligation to pay according to the terms of the lease. If not, court action will force them to meet their obligations.

Yes generally if you don't pay the service charge the freeholder can forfeit your lease.

Generally people pay up at that point or the mortgage company does to secure its asset /security.

Court may put a charge on the flat if the chap is dying and can't pay as ill so recovered from his estate (assuming the estate has assets) rather than deprive an I'll old person /cause them great distress

Legally, they have to pay the service charge as it's part of their lease obligations. My experience is that they pay, once they receive the first letter from a solicitor. A firm like Lovetts lovetts.co.uk/ will help no matter where you live.

Is there a management company? Do you collectively own the freehold?