Occupational Rent

PJF61

My ex and I own our flat on a 50/50 basis. He moved out Dec 2015 to go to rehab. I remained on the flat. The flat has been sold with completion due in the coming week. Both parties have continued to contribute to the mortgage on a 50/50 basis. As a part of a Settlement Agreement I agreed to pay a monthly occupational rent from Dec 15 until completion of the sale. I currently pay all utilities and council tax - which is fair as I have been residing there. There are service charges on the flat - these are paid every 6 months. Given that these charges are pursuant to the flat and not to me, per se, am I obliged to pay these on my own during the period of his non-residence or should he be liable for his share of the charges? There’s very little on line that covers this. Many thanks. 

csgohan4

you are both liable I am afraid, whether one pays it all, doesn't change this fact

blue_max_3

I wouldn't be fighting it to be honest. It will cost you more legally than splitting it.

PJF61

blue_max_3 said:

I wouldn't be fighting it to be honest. It will cost you more legally than splitting it.

Thanks Blue Max 3. They haven’t been paid yet and are in arrears - arranged with the management company. They are to paid from the completion of the sale. I appreciate what you’re saying about legal fees - very much - but as nothing has been agreed about the Service Charges is it still viable to split the cost? Thanks so much. 

greatcrested

The legal position is simply that

a) the service charges must be paid and

b) you are both equally liable for the charges

The freeholder/management company (and the law) are not concerned with your personal circumstances, nor with who actually lives there. Indeed you could have tenants living there, your joint liability would be the same.

Sopayment is purely a personal arrangement between yourselves. If you cannot agree between you, you could simpy pay ('your') half, but the freeholder could/would still chase you and/or your ex for the outstanding half.

PJF61

greatcrested said:

The legal position is simply that

a) the service charges must be paid and

b) you are both equally liable for the charges

The freeholder/management company (and the law) are not concerned with your personal circumstances, nor with who actually lives there. Indeed you could have tenants living there, your joint liability would be the same.

Sopayment is purely a personal arrangement between yourselves. If you cannot agree between you, you could simpy pay ('your') half, but the freeholder could/would still chase you and/or your ex for the outstanding half.

Thanks so much. That's exactly as I thought. Of course I think it's entirely appropriate that I pay the day to day living expenses as I am the person using them but when it comes to Service Charges it doesn't make sense that they would lie solely with me. I appreciate your time! Here's to Saturday night and drafting another letter to my solicitor. Cheers!

unforeseen

Surely the service charges should be paid from the sale proceeds of the flat, THEN the rest gets split. The service charge should be treated no differently to any of the other sale costs. They should all be dealt with out of the total proceeds before divvying up,.

It's just another joint cost of ownership as is conveyancing fees etc. 

[Deleted User]

I agree with the above.., take from completion of sale money as with EA and legal fees.  Its one of the fees of the property so should be taken from the 'profit' for selling the property