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Posted: Wed Jan 02, 2013 10:28 pm
by jpj
We have 2 tenants in the same block of apartments as me who have been made bankrupt, the management company says we cant charge them service charge fees whilst they are bankrupt,only fees for before and after their bankruptcies, is this correct?
Obviously their lack of payments mean the rest of us have to make up the shortfall.

Posted: Wed Jan 02, 2013 10:32 pm
by Niobe
Hi,

I would have thought that fees prior to bankruptcy would be included but anything afterwards would have to be paid by the tenants.

Not sure though so hopefully one of the experts can help.

Posted: Wed Jan 02, 2013 10:32 pm
by Foggy
Sounds a bit suspect .... If they had any arrears before the BR they will no longer be payable. But ongoing charges since the BR should still be due and payable, as far as I am aware. Hopefully an IP will be along soon and confirm or deny this.

Posted: Thu Jan 03, 2013 12:35 am
by MelanieGiles
The ongoing service charges should continue to be paid as and when they fall due by the occupants of the property, or the current owners. I assume that they are one and the same? Arrears of service charge will be claims in the bankruptcies, and if the properties get repossessed then the Trustee will be responsible for the ongoing charges.