Freeholder not collecting all monies owed

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    Freeholder not collecting all monies owed

    Under our lease, we are meant to pay a sum if we wish to rent out the flat as do all the other flats. Approximately half of the flats are rented out. The freeholder co has never got this money, having decided that it is too much hassle to do so. However we now are faced with an interim charge for a large repair which the service charge will not cover. Can we insist that the freeholder enforces the covenant and recoups the money owing for rental permission, before asking everyone to pay extra for the repair? This will cover a major portion of the large repair without the need to raise an interim charge.

    Many thanks

    #2
    Service charge and fee for permission to sublet are 2 different things.

    Service charges are not constant, urgent repairs are not forseeable,
    and the service charge can go up or down, and if repairs are required,
    then you are asked for more money, or an expected estimate of the
    anticipated work to be done in the next year issupplied, and you
    pay in advance.

    No, you can't force the freeholder to ask for the "permission to
    sub-let" monies.

    R.a.M.

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      #3
      Fees due the freeholder for subletting are to cover their administration charges in giving consent or updating their records of those changes.

      That has nothing to do with the charges paid by flat owners for repairs.

      I see your logic but they are two entirely different things. Sorry complete non starter.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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        #4
        Many thanks. Oh fiddlesticks - seemed such a good way to balance the books!!
        Is there anywhere i can look up what are admin charges, because from reading these threads, it would appear that they should come on a seperate invoice. I have tried but all i can find listed are assignments and subletting fees. We have only ever received one set of audited accounts which lists everything including things like directors liability insurance, ground rent, accountancy, hire of hall for AGM of the freeholder's co,Companies House. We have never received anything else with our service charge request

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