Maintenance charges - who’s liable ?

eddddy

Kim_13 said:

I would maybe look into whether the management company should have billed you, rather than the buyer. Had they billed you, then you might have paid on agreement that they cannot chase you for any further adjustments. As the management company have already been paid, you can’t even attempt striking such a deal. 

Would it be reasonable to argue that the buyer should have passed on OPs details as the owner during the period in question, rather than paying it? It feels a bit like a lease company paying a parking charge notice without asking the hirer whether they wish to take responsibility for challenging it. It is only reasonable in my view for the buyer to pay it and seek reimbursement if the management company could have repossessed the property for non-payment of service charges arising prior to their ownership - in which case the buyer would have been at risk of losing their home if they did not pay something that either isn’t legitimately owed or is owed by you. I don’t know whether the management company have such power.

Your ideas are interesting, but unfortunately they don't match up with the law.

The relevant case law and contract law is very clear.

Based on what the OP has said, the following is very likely to be the case...

• The new owner is liable to pay Firstport £95
• The OP is liable to pay the new owner £95 (unless the OP modified the standard conditions of sale)

(Unless there are some unusual aspects to the sale, which the OP hasn't mentioned.) 

This is completely standard for leasehold property sales.

daveyjp

Depending when the financial year of the management company runs from and when the move was made, two years (unless OP moved on 2 January 2022 its not yet three years) is not an excessive period of time to raise a bill to an old owner.