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    • Jojocat
    • By Jojocat 3rd Jul 18, 5:56 PM
    • 35Posts
    • 2Thanks
    Scottish Tenements
    • #1
    • 3rd Jul 18, 5:56 PM
    Scottish Tenements 3rd Jul 18 at 5:56 PM
    Apologies if this isn't the correct platform.
    My flat has a factor, who is meant to deal with communal repairs. The company has been unable to get payment for these repairs from one of the flats, for well over 7 years. They took him to court and got a lein against him, so will get their money when he eventually sells up. The value of these flats is around 150k per property so well over the value of the repairs.
    I found out this month (billed every month) that instead of everyone paying an eighth of a share, the factor has split each bill eg, gardening, cleaning of communal areas, roof maintenance.....between the 7 owners who do pay.
    Has this happened to any other close? If they already have a lein against the owner who won't pay up, can they still do this ie, make the 7 who do pay, take on the responsibility of the non-payer?
Page 1
    • Greta Sharbo
    • By Greta Sharbo 3rd Jul 18, 6:19 PM
    • 300 Posts
    • 278 Thanks
    Greta Sharbo
    • #2
    • 3rd Jul 18, 6:19 PM
    • #2
    • 3rd Jul 18, 6:19 PM
    Some very knowledgeable people on the housing board who will be able to help if you repost there.
    • Owain Moneysaver
    • By Owain Moneysaver 3rd Jul 18, 8:35 PM
    • 9,152 Posts
    • 10,848 Thanks
    Owain Moneysaver
    • #3
    • 3rd Jul 18, 8:35 PM
    • #3
    • 3rd Jul 18, 8:35 PM
    I think they can charge the whole amount to the 7 paying flats. The factors are a business who have to pay out for the repairs etc, and they're not a bank able to provide credit. If the repairs aren't paid for they won't be done.

    If the factors are able to reclaim the funds from the non-paying flat then the money should be credited back to the building's account and may be used to pay towards future services or may be repaid to the flat owners.

    Whether the repayment to flat owners takes into account anyone buying/selling in the intervening period may depend on the flat deeds, tenement law, or the factoring agreement.

    I don't know if other flat owners can take action against the non-paying one to get money out of them more quickly (eg arrestment of earnings or rental income).
    A kind word lasts a minute, a skelped erse is sair for a day.
    • DoaM
    • By DoaM 4th Jul 18, 8:55 AM
    • 6,231 Posts
    • 6,079 Thanks
    • #4
    • 4th Jul 18, 8:55 AM
    • #4
    • 4th Jul 18, 8:55 AM
    The House Buying, Renting & Selling Board
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • comeandgo
    • By comeandgo 4th Jul 18, 7:01 PM
    • 2,416 Posts
    • 3,296 Thanks
    • #5
    • 4th Jul 18, 7:01 PM
    • #5
    • 4th Jul 18, 7:01 PM
    We have management company and it is in our house deeds that the other houses will pay any shortfall due to non payment by another householder.
    • Jojocat
    • By Jojocat 8th Jul 18, 10:57 AM
    • 35 Posts
    • 2 Thanks
    • #6
    • 8th Jul 18, 10:57 AM
    • #6
    • 8th Jul 18, 10:57 AM
    Thanks for replies
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