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Community Charges is this legal?

Posted by cyprus-dodger - Created: 8 years ago
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4 replies (Showing replies: 1 to 4)

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Posted by Nigel Howarth - 8 years ago

Thanks for your comments Mystic - much appreciated.

Just to add that there is nothing preventing the landlord including the maintenance charges in the rent he/she charges tenants. But the buyer/owner of the property is responsible for paying them.

The other matter that is often 'forgotten' are the tax implications.

UK tax payers are required to advise the Inland Revenue of any income they receive from overseas property lettings.

Cyprus taxpayers are required to advise the Cypriot tax authorities.

The local council in Cyprus can also demand payment from the owners of rented property, based on their assessment of the income they may receive.

And of course the vast majority of those renting to holiday-makers do not have a permit from the Cyprus Tourism Organisation.

Cheers,

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Posted by Mystic - 8 years ago

As always, an excellent response from Nigel Howarth. What surprises me is that so many people on this and many other forums and websites advertise their property for rent, and put the maintenance charges (community charges) onto the tennant. When I worked for a Cyprus lawyer I was told that this is illegal, the owner is responsible for paying. It seems that this is the case, as per one of the questions on Nigel's site - I trust Nigel would permit me to quote:

Q. As I rent my apartment isn’t it my tenant who should be paying the maintenance charges?

A. No. As the buyer/owner of the apartment payment of the maintenance charges is your responsibility.

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Posted by Nigel Howarth - 8 years ago

Hi Roger,

There is an article in my magazine that was written by a lawyer about the rights and obligations of those living in communal developments. You can read it at http://www.news.cyprus-property-buyers.com/2010/01/31/managing-cyprus-apartments-and-building-complexes/id=003397

The committee can take non-payers to court. If successful, a court order will be issued enabling them to lodge a 'memo' against the property registered in the name of the debtor. This will make it impossible for the debtor to sell the property without having first repaid the debt. (Note that it does not enable the committee to recover the debt immediately).

By refusing to pay you are merely compounding the problem and face the risk of being taken to court yourself for non-payment. You could equally argue in your defence after shooting your wife that you did it because your neighbour shot his wife.

I have to say that I get almost as many emails about communal charges as I do about Title Deeds. The law is a mess and why the government will not sentence debtors to a 'short sharp shock' in prison is beyond me.

You can take over the running of the committee through a democratic process - this is described in an English-language translation of the law you can find at http://www.cyprus-property-buyers.com/files/jointly-owned-buildings-law.pdf (which also describes the rights and obligations of the owners and the committee).

Regards,

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Posted by baroomeeter-698967 - 8 years ago

its all legal if you believe your committee but everybody always tell the truth we have same problems cy chair & assistants who always tell you everything truthfully.
if you have deeds try to organize to see if you can run independently (with a reputable lawyer there are one or two) ie control it yourselves & get the non payers to court as quick as possible as can take a few years