PDA

View Full Version : Structural Work



Furat
15-05-2007, 15:04 PM
We all (equal sahareholders in the freehold) decided a few months ago to undertake a major program of internal and external structural and decorative work.

If I can't/won't pay my share of the total costs, what can be done?

1- scale down the work to include the structurally urgent bits, demand payment within xxxxx days or threaten with legal action?

2- stick to original plan and threaten with legal action?

3- resort to major beatings and Mob connections?

jeffrey
15-05-2007, 15:24 PM
If f/r owner- whether the collective lessees' own company or another party- lawfully decides to carry out work, each lessee has to pay; that's what service charge means.

Lessees' obligations should be set out clearly in leases. Those who can/do pay are not to suffer because of those who can't/don't.

The remedies for non-payment, in descending order, are:
a. L contacts T with final demand; then
b. L contacts T's mortgagee, asking it to pay; then
c. L begins County Court recovery action and threatens forfeiture of lease. It cannot sue for forfeiture unless T acknowledges debt or Court orders payment of debt; and
d. T (and mortgagee) can still claim relief against forfeiture by paying-up (inc. recovery action costs) before forfeiture actually happens- if it does, which is very rare, the old lease is cancelled at HMLR and T loses its value- L can resell flat by new lease.

Furat
16-05-2007, 07:36 AM
I KNEW number 3 was not going to be popular!!!

jeffrey
16-05-2007, 09:20 AM
Well, if you will get the Cosa Nostra to recover debts on the Casa Nostra...

Furat
16-05-2007, 13:28 PM
haha, clever.