Non payment of service charge?

Non payment of service charge?

9:27 AM, 17th June 2024, About 6 months ago 5

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Hi, I live in a small block of flats (6), with six individual owners on the outskirts of Glasgow.

The communal charge is low, at £30 a month, but only 5 owners are paying. The non-payer is a lawyer who says he is under no legal obligation to pay the service charge.

Can anyone give any advice or suggestions about what can be done? Any advice would be greatly appreciated.

 


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Tim Peters

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11:14 AM, 17th June 2024, About 6 months ago

I cant give a definitive answer as the laws are different in Scotlandand you have commonhold not leasehold, so it really isn't my area, but...

I know that this is a problem when works are needed and in Edinburgh there is a way to involve the council to get repairs done and they can charge individual unit owners.

Obviously they will only do that to fix the roof, not for minor maintenance

If you Google Edinburgh Stair partnership you might find something to help

Canny Scott

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18:18 PM, 17th June 2024, About 6 months ago

You could contact “Under One Roof” Scotland but I suspect they would say ‘what do your title deeds say?’. I suspect your lawyer owner will have checked and there is nothing in the title deeds that makes him liable for payment. I would ask however, how did the agreement for the monthly payment come about - would it qualify as a scheme decision under the Tenement (Scotland ) Act 2004? If not, why don’t you and your four fellow owners propose a scheme decision to allow for the £30/month charge, follow the rules exactly, you only need a majority and must inform all parties of the outcome of the vote, then allow 28 days before it can be enforced. It
’s not complicated if you read the explanatory notes for the Act, and at least going forward your lawyer owner would be liable.

Canny Scott

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18:40 PM, 17th June 2024, About 6 months ago

I should have said check your title deeds first to see if they state how decisions should be made or if they state that a unanimous agreement is required. Title deeds take precedence over the Tenement (Scotland) Act. The Act was intended to fill in the blanks in title deeds. You can get a copy of the title sheet online for £3 +vat.

Judith Wordsworth

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20:30 PM, 17th June 2024, About 6 months ago

Scottish law are different to England and Wales but I would have thought that the Leases would have stipulated how to pay the service charge.

It may be annually in advance, though doesn't appear so; it may be annually in arrears as the flat owner is not paying the service charge monthly.

Joey Barton

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5:04 AM, 19th June 2024, About 6 months ago

You should inform the non-payer that as he is using the lack of a legal obligation as an excuse not to contribute, the other 5 contributors will have their funds returned to them and they will be instructed not to make any further contributions until the lawyer changes his mind. Let the lights go out, let your fire and electrical certifications lapse, cancel the cleaner. See how long he lasts.

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