Service charge arrears

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Petronius Walker
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My mortgage lender has settled a large demand for arrears of service charge and has now received a further significant demand. The charges are so high because the management company is saving up for major capital works. However, my interpretation of the lease is that there is no provision for a sink fund: that is, no provision to demand service charge in advance of expenditure. If this is so, the demand to the lender was invalid. Might you know whether the lender was under an obligation to establish that the service charge was payable before settling the demand and adding the debt to my loan? The alternative seems to be that they would just pay anything, provided the demand came on management company headed paper.
11/04/2012 00:00

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