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Do you collect service charges on an empty property?

Hello,

Hopefully a simple answer. We share and manage the freehold of our block of flats. One of our residents has died. The property has transferred to his family who are selling the flat.

Meantime, should we still be collecting the monthly service charges from them. Or do you not collect service charges on an empty property?

Thanks!

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Ofcourse you do, but it may be against the estate of the former owner.


    You say it's been transferred to family, but you may want to clarify in case the family member is acting as exectutor
  • Retro82
    Retro82 Posts: 97 Forumite
    Guest101 wrote: »
    Ofcourse you do, but it may be against the estate of the former owner.


    You say it's been transferred to family, but you may want to clarify in case the family member is acting as exectutor

    So if they are only the executor do you not collect service charges?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Retro82 wrote: »
    So if they are only the executor do you not collect service charges?



    Yes you do, but against the estate of the former owner
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yes you do.

    You may have to wait for payment until Probate is granted as the Executers may not have access to the Estates funds until then, but once they have access they should pay the arrears.

    Legal liability for the service charges falls to the Estate - which means the Personal Representative/Excuter(s). Do you know who that is? If not, write to 'The Executers of the Estate of John Smith" at the property enclosing your invoice.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Retro82 wrote: »
    So if they are only the executor do you not collect service charges?
    You don't stop collecting service charges.
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Retro82 wrote: »
    Hello,

    Hopefully a simple answer. We share and manage the freehold of our block of flats. One of our residents has died. The property has transferred to his family who are selling the flat.

    Meantime, should we still be collecting the monthly service charges from them. Or do you not collect service charges on an empty property?

    Thanks!

    Absolutely you do, the estate pays the service charges. You would charge if someone had moved out and left it empty but was alive as well
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