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Possible forced sale sale of apartment!

Stuckinmud
Stuckinmud Posts: 7 Forumite
in House buying, renting & selling
I need advice...

My mother owns a property in London.

Now she has failed to pay her contribution towards the maintenance on time. I believe there is £12k outstanding.

Now I've been told that the council are trying to force the sale of the flat. I believe the solicitors have actioned a court order.

Now I'm wondering what can I do to slow the process/ limit the damage my mother has created.

I plan on reconciling my mothers supposed payments against the original invoice. However, I don't know what to do regarding the legal side of things. I know the story that I've told is lacking detail, but this is all that I know at this point in time.
I've requested copies of all of the legal documents, so hopefully I will be able to gain a greater understanding surrounding this hot mess within the next couple of days.

Now I would appreciate it if someone could point towards the right direction regarding say legal counsel (preferably free as I'm a broke grad fresh out of uni) or say legal sites.

Note:
Background on what I can do to settle the liability.
I plan on taking over the management of this property in September. I can't do so now as I'm abroad completing an internship/I'm not liquid. I will be starting a graduate role in September and I will be using my salary to settle the liabilities on this apartment.
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Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    What about your mother's financial position? Is the reason she hasn't paid the bills because she can't afford to, or something else?


    Does she live in the property?
  • John-K_3
    John-K_3 Posts: 681 Forumite
    If you slow the process she!!!8217;ll likely rack up more fees. Why has she not been paying, and what has happened to get to this point?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Stuckinmud wrote: »
    I plan on taking over the management of this property in September.

    Future plans have no relevance. Action is required now. Sounds as if the Council has provided ample time for the matter to be resolved. Court being the final option.
  • eddddy
    eddddy Posts: 16,431 Forumite
    First Anniversary First Post Name Dropper
    Stuckinmud wrote: »
    Now she has failed to pay her contribution towards the maintenance on time. I believe there is £12k outstanding.

    Now I've been told that the council are trying to force the sale of the flat.

    You need to be careful.

    Is the freeholder attempting to force a sale, or much worse, is the freeholder applying to forfeit the lease?

    Forfeiting the lease is a draconian measure, it means the lease ends with no compensation to the leaseholder (i.e. your mother loses a flat that may be worth hundreds of thousands.)

    As LEASE says...
    A leaseholder who fails to pay service charges, ground rent or administration charges which are due, could face sanctions from the landlord. These could include the landlord seeking a county court judgement, approaching the leaseholder!!!8217;s mortgage company and ultimately the landlord could seek to forfeit the lease and repossess the house or flat. This is a right in law, but it is not possible to obtain possession without a court order. The process is commenced, generally, by the service of a valid notice under section 146 of the Law of Property Act 1925, the Notice of Seeking Possession.

    Link: https://www.lease-advice.org/advice-guide/service-charges-other-issues/#32
  • Stuckinmud
    Stuckinmud Posts: 7 Forumite
    She can't afford to pay the bills.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    Stuckinmud wrote: »
    She can't afford to pay the bills.

    Then she can't afford to live there. I suggest she sells and moves to somewhere that she can afford.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    Stuckinmud wrote: »
    She can't afford to pay the bills.
    And it sounds like you can't either. So is selling it a bad idea?
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    First Anniversary Name Dropper First Post
    Stuckinmud wrote: »
    She can't afford to pay the bills.


    You can't just not pay the bills because you can't afford it. If you can't afford to live where you are living you sell the flat and move to somewhere that you can afford.
  • eddddy
    eddddy Posts: 16,431 Forumite
    First Anniversary First Post Name Dropper
    Stuckinmud wrote: »
    Now she has failed to pay her contribution towards the maintenance on time. I believe there is £12k outstanding.
    Stuckinmud wrote: »
    She can't afford to pay the bills.


    You and your mother REALLY, REALLY need to get to grips with this and find out what legal steps the council (the freeholder) is taking.


    This pensioner owed £9k in service charges (for maintenance). He did nothing about it. His lease was forfeited.

    i.e. His freeholder repossessed his £800,000 flat. He was left with £0.

    Link: https://www.leaseholdknowledge.com/plantation-wharf-leasehold-pensioner-has-forfeiture-order-on-his-800000-flat


    (It's not like a bank/mortgage repossession, where the flat is sold, and you get whatever is left over. If the lease is forfeited, you get nothing.)
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    That case in the link is an absolute disgrace.
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