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Unpaid service charge

3 replies

NellieTheElephant1 · 11/01/2025 11:17

I live in an house that was long ago converted into 3 flats. Each flat is leasehold but also owns a share of the freehold. There is no management company - we just have a business bank account that each flat pays an agreed monthly service charge into. This covers the cost of buildings insurance, and there is a modest reserve in case major works were ever needed. We maintain the communal garden ourselves as well as the small communal entrance area.

This arrangement worked well for over 20 years, however last year one of the flats was sold and the new owner has never set up a standing order or regularly paid the service charge (only a couple of one off payments). I have asked them politely, then more firmly, many times by email and text (don't often see them face to face) and they always says they will sort it out but never do.

Can anyone advise on the best course of action? I don't want to fall out with new neighbour but also they need to pay their service charge! I thought of asking a solicitor to write them a letter as they are not fulfilling the conditions of their lease, but if they still don't pay what do we do then?

Any advice gratefully received😊

OP posts:
Mrsttcno1 · 11/01/2025 11:41

Is this all actually formally legal OP? As in was all of this information and obligation included, signed & agreed to, in their briefing when purchasing the property?

It sounds as though this is just something the 3 of you previously agreed to- which is great- and may have worked previously, but these new owners don’t necessarily have to just agree and follow on unless it is all set up properly.

JoyousPinkPeer · 11/01/2025 11:53

Can you put a charge on their property?

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