On Sat, 15 Oct 2011 18:18:58 +0100, djc wrote:

On 15/10/11 13:50, MM wrote:
On Sat, 15 Oct 2011 04:32:42 -0700 (PDT), Owain
wrote:

On Oct 15, 9:29 am, MM wrote:
I should think the EA has maximum powers, including sending in the
local water company to pump out the sewage at some considerable cost
to be borne by the residents. Can the EA declare the estate unfit for
human habitation or some such?


I don't know if EA can, but Building Control can certainly issue
enforcement notices to that effect, and to require remedial work to be
done and be charged back (at council contract rates) to the owners. A
charge (mortgage) would be taken on the houses until the money was
repaid to the council. Repossession would not be impossible.

Ah, the big "R" (reposession) might do the trick, because some of the
residents must have a screw loose, thinking it'll be someone else's
problem to sort out.

I assume there is a management co involved and some agreement between
owners/leasholders and the mgmt co. Check the deeds and covenants on the
property, you may find that failure to do maintenance will will breach
such covenants which will have consequences for anyone with a mortgage.

Absolutely there is all that. But some residents just think the legal
documents somehow don't really apply to them. They must think, when
they signed, that it was just another piece of paper their solicitor
thrust at them. If they were too thick to read it, that's their
problem. Ultimately, the management company has to threaten them with
the county court (and actually go through with it in one case) before
they come to their senses.

It is no different from when a plumber or other tradesman does some
work and then the householder refuses to pay on spurious grounds, or
just because he doesn't feel like it. The tradesman then has a battle
on his hands that could tie him up for weeks, months even, yet it
happens every day of the week across the country because there is a
certain category of human that thinks it can just go its own merry way
and not be held to its legal responsibilities.

I run the mgmt co for a small block, the most effective way to deal with
owners who don't pay their service charge is to inform their mortgage co.

I believe that's what our management board did in one particularly
egregious case and the mortgage company stepped up to the plate and
the outstanding bill was paid.

Of course, not all the properties are on a mortgage, mine for
instance. I reckon at least half are owned outright.

MM