Former owner’s principal debt upheld, interest reduced and recovery charge rejected

KÜ Joala 11 Narva sought maintenance and water charges for April 2005–May 2006 from former non-residential owner OÜ Rosehill, together with default interest and 2000 kroons in recovery costs. The first-instance court granted the claims. The company appealed, arguing that the new owners were liable after the sale and that the claim they had assigned did not yet exist. The circuit court upheld principal of 19,344.78 kroons, or 1236.35 euros. The sale agreement preserved the seller’s liability for earlier obligations, and a sufficiently identified claim could be assigned even if future or conditional. Prior payment by the buyers was not a prerequisite for this assignment; the court distinguished it from a reimbursement claim arising after payment. The meeting decision and invoices supported the charges, and the company did not dispute the water readings. Interest was reduced from 19,344.78 to 9451.86 kroons, or 604.08 euros. The invoices stated no due dates and an earlier payment demand was not proved, so default ran from 1 March 2008, after receipt of the case papers and a reasonable payment period. The 2000-kroon recovery claim was rejected because the buyers had no such claim against the seller to assign. Costs in both instances were allocated 70.77% to the company and 29.23% to the association. Entry into force and actual recovery have not been verified.