Former owner’s debt: award later partly changed
Editorial summary
The association claimed maintenance and water charges, interest and collection expenses from OÜ Rosehill. The county court allowed the claim in full; a later appeal reduced interest and removed collection expenses.
Narva linn, Joala tn 11 korteriühistu · 80189885
OÜ Rosehill · 10972543
OÜ Alelis
Participants and roles
- Narva linn, Joala tn 11 korteriühistu — claimant
- OÜ Rosehill — defendant, former owner
- OÜ Alelis — earlier owner and original addressee of some invoices
- XX — new owners and assignors
The dispute and the court’s decision
Narva linn, Joala tn 11 korteriühistu sought 19,344.78 kroons in maintenance and water charges for April 2005–May 2006 from former commercial-premises owner OÜ Rosehill, the same amount in interest and 2,000 kroons in collection expenses. The company argued that the new owners should be liable following sale and that their assigned claim did not exist. Some invoices had originally been addressed to earlier owner OÜ Alelis.
The county court held that the sale contract preserved the company’s obligations, accepted the new owners’ assignment and found the charges supported by invoices and the tariff resolution. It awarded 19,344.78 kroons in debt, 19,344.78 kroons in interest and 2,000 kroons in collection expenses; under the operative part OÜ Rosehill bears litigation costs.
On 17 October 2011 Tartu Ringkonnakohus subsequently upheld principal but reduced interest to 9,451.86 kroons and rejected the 2,000-kroon claim: the assigning buyers held no such claim against the seller. Costs in both instances were divided 70.77% to the company and 29.23% to the association. The source also carries a historical note of entry into force on 9 January 2012; current enforcement has not been reverified.
Outcome of this decision
The county court awarded 19,344.78 kroons in debt, 19,344.78 kroons in interest and 2,000 kroons in collection expenses against OÜ Rosehill, allocating litigation costs to it. Interest and collection expenses were later changed on appeal.