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.
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.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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.
