North Lanarkshire

Readers Questions

1. 

   H Baird

   I live in a private block of flats which is on privately maintained grounds. We are self-factored in relation to communal expenses and maintenance charges with a fund held for this purpose. It has come to light recently that we have not been billed for communal lighting charges by any energy supplier for quite some time – perhaps as much as twenty years and none of the long term owners have chased this up. I have calculated that we may owe as much as £6,000 in arrears. Could the energy supplier apply an Inhibition Order to prevent the sale of any of the properties unitl any bill sent to us is paid?
   Thank you.

   1. 

      Scottish Adviser

      Excellent question. An inhibition could only be applied if they first bill you and then eventually take you to Court and obtain a decree. They would have to also raise the action against all owners if they wanted to pursue everyone, as you are all individuals. Then you would be able to argue your liability be restricted only for the period that you owned the property.
      There are also rules about billing dwelling properties, where if an electricity supplier has not sent you a bill, they can only go back 12 months. This is slightly different as its a close for multiple properties, but I think a good argument could be made that should apply here.
      To be honest, I am speculating as I have never come across this before and it is a hypothetical situation as no-one has billed you.
      It’s entirely up to yourself. You could try and hunt down the supplier, but you may be opening a can of worms.
      You know what they say about leaving sleeping dogs to lie.

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