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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the Company Secretary of the Management Company which

Resolved Question:

I am the Company Secretary of the Management Company which owns the freehold and undertakes the management and maintenance of the small block of 6 flats in which I live. The members of the Company consist solely of the lessees of the flats.

The lessees of one flat lived in it initially but later moved to Germany and rented out the flat. More recently, they have moved again but this time they did not provide the Management Company with their new contact details. (They are thought still to be in Continental Europe.)

Those lessees have stopped paying their share of the maintenance charges - currently set at a Company AGM as £65 per flat per calendar month. I contacted their first letting agent who asked the lessees to contact me, but they did not do so. Later the letting agent forwarded a letter from me to the lessees but again there was no response.

Late in 2012, I contacted the lessees' Building Society who paid the management charges outstanding at that date. More recently, the Building Society seems reluctant to pay further sums and has stated that they will only "consider making payment on receipt of a CCJ or LVT decision".

I would be grateful for any advice which you can give me on this difficult situation. In particular, can we apply for a County Court order against the lessees when we do not know their present whereabouts? If so, should we give their address as the flat itself or as care of their present letting agents?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Do you know the last known address please?


The last address known to me is in Bayreuth in Germany, but they are no longer there.

Alex Watts : That is ok.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : The court only needs to be satisfied you have served the last known address after making reasonable enquiries.
Alex Watts : once you have issued a claim it can be served there.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : Once you get a ccj the lender can pay the loan and/or write to their lender.
Alex Watts : But court rules state you can serve the last known address
Alex Watts : Can I clarify anything for you about this today please?

Thank you for your help.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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