RTM director service charge arrears

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    RTM director service charge arrears

    Hello, I am new here so please excuse me if this question has already been asked, but a search has drawn a blank.

    I am a director of an RTM of a property with 25 flats. I would be very grateful if anyone here can advise whether a resident who is more than six months in arrears with his service charge is still eligible to become a director of the RTM.

    Many thanks for any help.

    #2
    Originally posted by ARG View Post
    Hello, I am new here so please excuse me if this question has already been asked, but a search has drawn a blank.

    I am a director of an RTM of a property with 25 flats. I would be very grateful if anyone here can advise whether a resident who is more than six months in arrears with his service charge is still eligible to become a director of the RTM.

    Many thanks for any help.
    Unlikely that anything in your M&A would prohibit that

    Comment


      #3
      A leaseholder, whether resident at flat or not, is contracted under the lease to pay annual service charge contributions when due. If he refuses to pay when due, the RTM can make the claim for service charge arrears through the small claims court (online) .

      To become a director of the RTM, there must be nomination by a proposer and seconder and he should be told that he does not qualify if he refuses to pay service charge.

      Comment


        #4
        The RTM can make a money claim online but as this enquiry concerns service charges the lessee will have the right to have the service charges determined unless already agreed. Depending upon the lessee's response to the claim, the County Court may refer the claim to the FTT.

        What are the reason/s for non-payment?

        Comment


          #5
          Originally posted by vmart View Post
          ......the lessee will have the right to have the service charges determined unless already agreed. Depending upon the lessee's response to the claim, the County Court may refer the claim to the FTT.

          What are the reason/s for non-payment?
          This is the important question, what are the reasons for non payment?

          Have demands been correctly served including the correct summaries of rights and obligations?

          Are the landlord obligations under the lease being carried out?

          Have service charge end of year accounts been sent to all leaseholders?

          etc.

          If you are completely satisfied that the above and more has been covered then proceed as advised in #3, if not I would find out why payment has not been made.

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