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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a leaseholder in a block of flats and am party to an Agreement

Resolved Question:

I am a leaseholder in a block of flats and am party to an Agreement to reimburse the Site Managers salary.
He retired early and was not replaced for 3 months.
The Freeholder insists we pay his salary during this period.
I am unaware if his Contractual Agreement but my point is that I have been refused any explanation for this move and had no opportunity to make any comment.
It appears akin to cutting off electricity but making you continue to pay
Have I a case to refuse payment
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will be helping you with this.
Alex Watts : In short you are being asked to pay for a service which was not provided, is that correct?
Customer: That is correct. We pay for a Manager who was not provided. However it may be that the Freeholder has entered into an agreement with their employee that I am unaware of.
Alex Watts : I assume its a condition that they provide a manager for which you are charged for?
Customer: Yes
Alex Watts : Ok.
Alex Watts : well then you don't need to pay,
Alex Watts : You are not expected to pay for something which you don't have the benefit of.
Alex Watts : if you are being charged for a manager then don't have one, they are in breach of contract.
Alex Watts : If you refuse to pay and they try and take you to court.
Alex Watts : The law says they can only charge a reasonable fee for work done.
Alex Watts : They are not providing the service so can't charge you.
Alex Watts : Imagine going before a judge and saying, well we are charging for something we are not providing.
Alex Watts : They would lose.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Thank you Alex
Customer: you have confirmed my belief. I now have to take this up with the Chief Executive of the Housing association
Alex Watts :

Great. If I could invite you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

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