Freeholder not getting maintenance from leaseholder

[terryelston]

I am the join freeholder of a block of 4 flats. One tenant keep missing maintenance payment and we have to keep sending emails, tracking her down )she lives abroad) and spending lots of time doing it. The lease states we don't even have to contact her, as she pro-actively make payments and is in breach if she doesn't. After 3 years I’m tired of doing this and now her email address doesn't work. What course of action should we take in your opinion?

[Onlylawsite]

I am the join freeholder of a block of 4 flats. One tenant keep missing maintenance payment and we have to keep sending emails, tracking her down )she lives abroad) and spending lots of time doing it. The lease states we don't even have to contact her, as she pro-actively make payments and is in breach if she doesn't. After 3 years I’m tired of doing this and now her email address doesn't work. What course of action should we take in your opinion?

Hi you should first read the Lease to see how it deals with late payments for the maintenance.

If this is reserved as rent under the lease then you need to look into whether or not the Lease can be forfeited.

In any event you should write a pre action letter to the leaseholder advising them that if they do not pay on time and the correct amount then you will be instructing solicitors.

[Onlylawsite]

Hi you should first read the Lease to see how it deals with late payments for the maintenance.

If this is reserved as rent under the lease then you need to look into whether or not the Lease can be forfeited.

In any event you should write a pre action letter to the leaseholder advising them that if they do not pay on time and the correct amount then you will be instructing solicitors.

Also if you do not have their address, then you may need to use a tracing agent to find out their contact details.