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Help needed with management company

Hi
I own a flat which is leasehold I which I am renting out. One of the owners of another flat in the same building has recently raised some issues in relation to the management company. In short there is a debt outstanding from before I purchased the flat. All of the then owners agreed to pay £600 to cover some maintenance work that was completed. Only 2 out of 6 owners have paid hence the debt.

The other owners are concerned as they are selling their flat & the buyer believes the debt will affect the mortgage lenders decision. I cannot see how this could be the case as the debt was outstanding when I purchased my flat & did not cause any issues, indeed I was not made aware of it!

Can anyone let me know if this is would affect the lenders decision? I am wondering if this is the case or whether the buyer is making things up? It doesn't make sense.

Thanks

Comments

  • ttd14
    ttd14 Posts: 32 Forumite
    In short, there is a possibility you wouldn't be able to sell the property if there is an outstanding debt (a certificate of compliance can't be signed if you aren't complying with the terms of your lease - i.e. paying service charges in a timely manner)). This depends if it's a sale or re-mortgage though.

    If the amount was billed before your ownership, you are not liable to pay it in accordance with the Landlord and Tenant (Covenants) Act 1995.

    Write to the man co and ask of them where their legal stance comes from to enforce a debt you are not liable to pay.
    Trainee property solicitor from November 2008 - I do not accept any liability for the information I provide. This is provided on an 'information' only basis and you are encouraged to seek your own, independant legal advice.

    Currently Employed by a UK Managing Agent
  • vinilane
    vinilane Posts: 12 Forumite
    Hi does anyone have any advise on my situation, the small apartment complex where i live has never totally been finshed and has never had any maintenance work carried out in 4 years since we bought the place new. we pay our ground rent, insurance and maintenance bills every 3 months but we are still walking over raised manholes as the communal car park has not been surfaced properly yet, and looking at garages that have not had the garage doors fitted yet and entrance hall door frames have not been sealed and gutters broke and overspilling etc. we have been on to the house building comapany since we moved in about these issues and they are still building other projects and taking our maintenance charges but 4 years later they are still promising and everyone feels let down the place in brand new and looks tatty. there must be something we can do. anyone know the legal stance on this can we just stop paying maintenance or make a case against them ??? thanks
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