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Jul, 2014

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  1. #21
    Join Date
    Sep 2006
    Location
    Sheffield
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    39,411

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    Quote Originally Posted by thevaliant View Post
    Write back suggesting that either:

    1. They bill X the £125 for erronously making false accusations and wasting their time or
    2. They come and inspect and therefore prove X is wrong... and then still bill X £125.

    I can't see how you have to pay it.
    I agree. Whilst a lessee in breach can expect to have to pay lessor's costs- after all, why should the other lessees have to pay extra service charge to cover lessor's legal fees in those circumstances?- that does not apply to you; you're not in breach!
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  2. #22

    Default

    Quote Originally Posted by thevaliant View Post
    You might want to clarify the top part of your post. You have put:

    "A neighbour has written..." and then later on say, "They have billed me £125". Your neighbour has billed you £125?

    Whilst I am not exactly familiar with who should pay the charge it appears to me:

    Fellow leaseholder (X) complains about you (Y) to Freeholder (F).

    F doesn't actually investigate, but instead bills you £125.

    Write back suggesting that either:

    1. They bill X the £125 for erronously making false accusations and wasting their time or
    2. They come and inspect and therefore prove X is wrong... and then still bill X £125.

    I can't see how you have to pay it.
    You are quite right valiant, the F has billed me £125 for legal and admin charges even though they have not been around and even checked. I am annoyed from my point of view as they have not checked before billing me and I would also be annoyed if I had been someone complaining as no investigation would have been made by the F. It seems simply another way for them to line their pockets. This is one reason I would never buy a LH property again.

    I shall write back and explain as you all say that they can come around and check and then if they still want to bill someone, bill the accuser. Atleast then I am seen to have been open, by inviting them to come and check.

    Thanks for all your posts, it is comforting to know that we all share the same view on this!

    I shall let you know how I get on with them.

    thanks again

    steve

  3. #23

    Default Flats- recovering ground rent arrears- s.146 procedure?

    Hi all,

    We manage the freehold of a block of flats where one lessee has never paid ground rent. GR is £25 pa, and arrears were last paid by their mortgage company in 2003. However, when I contacted the mortgage co recently they advised they wouldn't pay unless the matter went to court.

    The service charge is collected independently by the management co. I know L was in arrears with this too, but the debt was passed on to a debt collecting company.

    In your experience, which is the better option - serve notice or refer to debt collecting agency?

    Thanks in advance

  4. #24
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,411

    Default

    First things first:
    A. Section 146 of the Law of Property Act 1925 does not apply at all to rent arrears! No such Notice is ever needed in these cases.
    B. On the other hand, did you submit a lawful ground rent demand under section 166 of the Commonhold and Leassehold Reform Act 2002? If not, you cannot claim the rent at all until such Notice (containing accurate details, complying with s.166) is served.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  5. #25

    Default

    Yes, the invoices have been in the "prescribed format", as have recent reminders.

    The lease has the standard clause about the lessee being liable to costs charges etc incurred by the lessor to serve notice under S 146 & 147 of 1925 Property Act. I always understood this to include forfeiture for non payment of GR.

    What should we do?

  6. #26
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,411

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    Quote Originally Posted by chmg View Post
    The lease has the standard clause about the lessee being liable to costs charges etc incurred by the lessor to serve notice under S 146 & 147 of 1925 Property Act. I always understood this to include forfeiture for non payment of GR.
    No. So far as only rent is concerned, s.146 does not apply.
    Common-law forfeiture rules do still apply, subject to statutory overlay which is obviously capable of displacing them.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  7. #27
    Join Date
    Aug 2008
    Posts
    3,353

    Default

    Quote Originally Posted by chmg View Post
    Yes, the invoices have been in the "prescribed format", as have recent reminders.

    The lease has the standard clause about the lessee being liable to costs charges etc incurred by the lessor to serve notice under S 146 & 147 of 1925 Property Act. I always understood this to include forfeiture for non payment of GR.

    What should we do?
    Enter a claim for owed amount + 34 pds Court fee in the Small Claims Court ?

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