Right to manage problems with other leaseholders

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    Right to manage problems with other leaseholders

    Hi All,

    Just looking for some advice having taken over our block which now has RTM.

    All seemed to be going well up until today when I received a final demand from the freeholder for their legal fees which amounted to just over 1k - I realise that we are liable for this and have been happy to pay my share as we all agreed.

    There are 3 flats in the block and we all agreed to go RTM last year which all seemed to go smoothly. It was mostly handled by another leaseholder who took the lead with solicitors, etc.

    The invoice was sent to him last October and he forwarded it to myself and the other leaseholder of the other flat (they both rent their flats out so aren't physically in the block). He suggested we pay the final invoice by each paying just over £300 each to cover our third which I had no hesitation in doing.

    In February he forwarded a statement from the freeholder stating that the final costs were just over £700 remaining and to get everything finalised we should pay a little over £200 each to settle that statement and then everything would be settled. I again paid this and having not heard anything thought that would be it.

    He recently sold his flat in April and passed all the RTM documentation onto me so that I could set up the bank account, companies house details, etc and get everything going which I have been doing.

    However I have now seen that on this latest demand from the freeholder and having exchanged a few emails with their finance team that the only two payments they have received (or at least allocated) for the original legal fees invoice was from me - the payments I made in October and February.

    So there is still around £500 remaining on the invoice for their legal fees which they are chasing hard for and I have overpaid my portion of that demand by paying the £200 in February.

    I have emailed the leaseholders of the other flats explaining the situation and that the freeholder appears to have only received my payments including the overpayment and am hoping that it is just a mistake on their parts and that their payments may have been misallocated so to provide me with dates/amounts of any payments they have made.

    However neither has responded yet and I am now worried that neither has paid anything.

    If my worst fears are realised I just wondered what could be my next steps? The guy who sold his flat in April has resigned as a director of the RTM company but the other leaseholder is still listed.

    I am in the process of setting up the bank account for the RTM company. Could I in theory invoice them both from the RTM company in order to pay the remaining balance and then pay myself back for my overpayment? I am also thinking I may just have to pay the freeholder this week with them having made a final demand thus would have paid the entire £1k+ balance myself.

    Thanks for any advice in advance.

    #2
    Is the outstanding legal fees, billed to your name only or to name of other leaseholder or to name of RTM ?.

    You should call by phone the other persons responsible to contribute and ask if they have paid yet ? You should not rely on email .

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      #3
      It is billed to the management company - no names are listed.

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