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leasehold property-arrears with refurbishment

I own a flat in a leasehold block of 5 flats, with a lease and freeholder. the repairs for the building are long overdue and 2 flats are having serious problems with leaks from the roofing.the managing agent has been trying since 2011 to get the works started, finally 4 out of 5 flats have paid the costs due but one flat is refusing, saying they haven't got the money-despite not living there and owning several other properties.
the section 20 notice has been followed properly and the managing agent has now instructed a solicitor-the non payers also have instructed a solicitor who keeps sending back ridiculous letters saying they need a lot more time. the managing agent says if we have to proceed to tribunal we are not likely to get anywhere and will run up costs of several thousand which we are unlikely to get back. we don't know what to do next, any suggestions greatly appreciated

Comments

  • silvercar
    silvercar Posts: 46,945 Ambassador
    Academoney Grad Name Dropper Photogenic First Anniversary
    I would have thought that their lease is at risk if they don't keep up with charges.

    One option is to put a charge on the property. It would mean that you wouldn't get the money back until sale, but it would mean you would get it eventually.

    If there is a mortgage on the property, you could write to the lender. There is generally a requirement in the mortgage to keep up with service charges etc. The lender may pay the service charge themselves and add it to the loan.
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  • charb56
    charb56 Posts: 48 Forumite
    First Anniversary Combo Breaker First Post
    thanks, do you mean that the freeholder should be informed ? I believe the solicitor has already said they will contact the mortgage company in their letter. also their lease is only 78 years
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