Rent on freehold

[Sams111]

I’m asking on behalf of a family member. She owns a share in a property management company used to own the freehold for the building in which she has a flat. The company charges rent to each of the flat owners to cover costs. She has been distracted with family illness and was surprised to find that she suddenly had a letter from a lawyer asking for payment of outstanding property costs. It seems that one of the other directors is quite litigious and decided to proceed to legal action. She does not believe she had received any warning prior to this. She has paid the amount due but is being asked to pay for legal fees. I have offered to check to see if the contract provides for legal fees to be recovered in this scenario but am wondering if the courts would normally expect some form of pre-action protocol before the creditor immediately incurs legal fees for which she is billed. Thanks

[atticus]

The court would generally expect a pre action protocol to be followed. Are you certain that there has been no previous request for payment? A solicitor is not usually the first resort.

Do you know what the requested payment relates to, e.g. rent, service charges, buildings insurance, contribution to maintenance works, something else?