Structural Work

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  • Structural Work

    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?

  • #2
    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.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      I KNEW number 3 was not going to be popular!!!

      Comment


      • #4
        Well, if you will get the Cosa Nostra to recover debts on the Casa Nostra...
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          haha, clever.

          Comment

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