Unpaid management/service charges

matt-dublin

Hi,

we have an owner here in our apartment block who owns several apartments here and hasn't paid his management fees for over 5 years.

What is the best way to tackle this legally as we cannot get anything out of him.

Cheers

Paulw

Remove his units from the block insurance (if your insurance company will do that).

Take him to court for the fees, plus interest, plus admin charges.

If you use clamping services, don't issue his units with parking permits, and any vehicles that park there, clamp them.

There are many many ways, and those are just some.

bobbysands81

matt-dublin wrote: »

Hi,

we have an owner here in our apartment block who owns several apartments here and hasn't paid his management fees for over 5 years.

What is the best way to tackle this legally as we cannot get anything out of him.

Cheers

Why have you let it go for 5 years???

Would be getting a solicitor letter fired off to him immediately and like the poster above says let it be very clear you'll be pursuing him for all costs associated with chasing him up (legal fees, admin fees, interest onm non-payment, etc...).

matt-dublin

We've done all of that. No avail.

Paulw

In that case, take him to court. No messing, just file with the court for non-payment of fees and outstanding debt.

Get a decent solicitor on the case.

godtabh

Paulw wrote: »

In that case, take him to court. No messing, just file with the court for non-payment of fees and outstanding debt.

Get a decent solicitor on the case.

Takes a while but if you take each step at a time you will have something to show for it in a couple of months. We have done it. Legal fees goes on his account so everything is recoverable. Interest too (at 15%!).

Ste.phen

I'm sure this has been mentioned by someone else, but they won't be able to sell (and if they get reposessed, the bank won't be able to sell them on) until the management company issues are resolved (i think you can have a judgement registered against the property?)

jaykayphd

We have a similar situation in our development. An apartment is being rented out and the landlord has not paid his fees to the management company in 3-4 years. I have only found this out in the last couple of months after joining the board of directors.

Now I'm told that the landlord cannot be traced to issue him with legal proceedings! So is that it? Do we just accept the non-payment of fees until he decides, if ever, to try and sell the apartment?

D3PO

Pauls suggestions are all very good. Id also go legal and have a judgement mortgage placed on each apartment making it impossible for the owner to sell until the judgement mortgage is cleared.

markpb

jaykayphd wrote: »

Now I'm told that the landlord cannot be traced to issue him with legal proceedings! So is that it? Do we just accept the non-payment of fees until he decides, if ever, to try and sell the apartment?

I think there is some way you can ask the court to serve a summons to his apartment if reasonable efforts to find his home have failed. I'm not 100% sure about it though, your debt collection solicitor might know more.

Paulw

jaykayphd wrote: »

Now I'm told that the landlord cannot be traced to issue him with legal proceedings! So is that it? Do we just accept the non-payment of fees until he decides, if ever, to try and sell the apartment?

Well, the landlord should be registered with the PRTB and also the Revenue should have his details.

Surely the tenants have a way to contact the landlord?

jaykayphd

Paulw wrote: »

Well, the landlord should be registered with the PRTB and also the Revenue should have his details.

Surely the tenants have a way to contact the landlord?

Yup I know he is registered with the PRTB alright.

But the tenants could be dealing with an agent and only have his bank details.

I've been told that to issue this guy with legal proceedings we must make sure he receives the correspondence. I don't know, but I doubt the PRTB nor the revenue will help with this matter.

jaykayphd

Paulw wrote: »

Well, the landlord should be registered with the PRTB and also the Revenue should have his details.

Surely the tenants have a way to contact the landlord?

Well I was wrong in my assumption.

I contacted the PRTB and explained the situation. The lady I spoke to said that a 3rd party could raise a dispute against the landlord and the PRTB may decide to release the contact details of the landlord to them.

This is what it says in their documentation

If the affected party is unable to identify or contact the landlord,

they can make a formal request for the landlord’s and/or letting agent’s (where
applicable) name and address (if registered) from the PRTB under Section 77(3) of

the Act.