SMF - Just Installed!

Refusal to Contribute to Maintenance

Started by Mackem, February 24, 2025, 02:28:29 PM

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Mackem

A leaseholder in the building where I have my flat is refusing (without giving a reason) to contribute to the monthly maintenance fund. The agreement with the freeholder is that we maintain the building.Is the way forward to put a charge on his flat or is there a better alternative?

jpkeates

Most solicitors who work with property and leases will be able to take on this kind of debt collecting activity as a routine matter. It happens all the time and usually can be easily dealt with by a professional experienced in chasing the debt.
The professional can also check that the demands are being made correctly.

David

You can write to the leaseholder warning them that they are in breach of their lease and that if they do not pay their dues you will contact the Freeholder and ask them to issue a letter before action for the forfeiture of the lease.

Also warn that if they don't pay their dues you will have no choice to contact their mortgage company (shown on Land Reg Title Deed) that repairs are unable to be carried out due to the failure of their mortgagee. 

After that it becomes a matter of carrying out these threats.

 
https://www.42br.com/_files/content/42br--Housing-Bulletin-002.pdf



Quote from: Mackem on February 24, 2025, 02:28:29 PMA leaseholder in the building where I have my flat is refusing (without giving a reason) to contribute to the monthly maintenance fund. The agreement with the freeholder is that we maintain the building.Is the way forward to put a charge on his flat or is there a better alternative?