Service Charge & Ground Rent

[lena]

I've just paid the annual charges, but am wondering - "I'd only got the flat end of July. Should the previous owner not be paying January - June?"

I did ask the management, during the purchase of the flat, if there were outstanding payments. They said everything was paid to date.

As the management only invoice once a year, December, that's what they would say in July wouldn't they?

[andyask]

If you bought the flat in July, then you should only be liable for the July to December service charge which should have been calculated on a pro-rata basis.

It is the responsibility of your solicitor to ensure that these charges are paid and up to date at the time of purchase and you would have received confirmation of that in writing - typically a statement confirming all is up to date.

If your solicitor did not do this then you need to take it up with him/her and ask questions.

I am very puzzled by the fact that you paid this without questioning it as paying it may demonstrate acceptance of full liability to the charge.

If the charges are delivered/managed locally rather than by a proper management company , then after talking to your solicitor he/she may recommend that you offer to pay half the following year by way of compensation - assuming that they admit there has been a mistake.

However...if the solicitor made a mistake here by failing ot make a check (and you should push it if you think they have) then you may find (as I did) that they will offer their services for free until the problem is rectified - which is, after all , what you paid them to do originally.

Alternatively, a quiet chat with the management company or on-site resident-director might help - who knows, they may admit there has been a mistake and arrange a refund.

Good luck!

Andy

[robwalsh25@tiscali.co.uk]

You should only have to pay from the day you completed to december. Your solicitor should have paid this for you in advance when you completed.