Unsold property

spiritedduchess

I'm not sure if I am in the correct place with this so apologies if I am not. I wondered if anyone could help me with this. I have lost my Mum and her flat is taking some time to sell. It is in a block where there is a management fee payable monthly. I cannot afford to pay this any longer and all monies are tied up in the property. The management company has started to get funny about non payment. Where do I stand legally? The letter came today saying they were going to take legal action. I have only just got it and its the weekend and nobody will be available to help me until monday. Just wondered if anyone can help my stress levels by pointing me in the right direction thank you in advance.

adamantine

sorry i cant help but there is a board for housing you might get better responses there.

TonyMMM

Is there a will ?

Are you the executor , and have you obtained probate yet ?

Basically her estate will be liable for the costs of the property until such time as it is sold. IF you are the executor, are there other funds in the estate (bank accounts etc.) that you can use to pay the costs ?

mountainofdebt

Well if you can't sell it what about renting it out?

spiritedduchess

Yes I have probate and the monies from that have been used up so far paying the management fees. Now they have run out there is no way that I can continue paying. I have struggled the last few months but can no longer afford to do it. I have reduced the asking price but there are several in the block and all remain unsold. It seems that it will take some time and the management company is putting on pressure. I dont know what else I can do?

BitterAndTwisted

WRITE to the management and explain that the leaseholder is deceased. When the property is sold all of the outstanding service charges and fees will either need to be settled by the vendor or deducted from the purchase price by the buyer. If there are no funds forthcoming the management company will attempt to go to court to get a charge put on the property but it might not get that far.

spiritedduchess

Its not possible to let it according to the agreement at time of purchase

spiritedduchess

To be honest they are difficult to deal with and were useless when my Mum was alive. I have explained the situation to them and they have been really unsympathetic. They will get everything owing to them when it sells I just dont know when that will be. Its a retirement block and owners have to be over a certain age. There are about 6 for sale in the block and mine is priced at the lower end of them. I have changed agents and done everything I can think of.

LMCD

If the property is vacant and not getting use of it I don't see how its right that they are charging.. have you tried seeing what the CAB have to say?

meritaten

so, what can they do? take you to court? might be a good thing hun. You have told them that they will get their money when the property is sold - so you are not deliberately withholding payment of fees. YOU are not PERSONALLY liable for the fees as executor, and if there is nothing in the estate - then there is NOTHING. I think the court would take the view that the landlords will have to wait. and the property may well be sold before the matter comes to court anyway!
What else could they do? they cannot evict a deceased tenant! even then it would have to go to court. They are just being unreasonable in the hopes that you PERSONALLY will stump up the money! DONT. even if you could afford to!

vaio

As others have said the estate is responsible for the charges and can be sued just like any other non payer which could ultimately result in the flat being forcibly sold plus a heap of costs and hassle.

Might be worth thinking about borrowing against the value, dropping the asking price or renting it out