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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am in arrears of 3000 service charge inc. ground rent. inc.

Customer Question

I am in arrears of £3000 service charge inc. ground rent. inc. legal fees by Management agents solicitors.They took me to court. I am unemployed cannot repay the whole sum at once. I made an offer of monthly repayments to the court which was rejected by the Agents solicitors. They have given me 14 days before serving me with a SECTION 146 NOTICE demanding full payment now.What can I do, I can't afford to pay it all at once.What happens next,can they take possession,
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.



Sorry, is this a residential lease or commercial lease?


Customer: replied 5 years ago.
This is a town house owned by myself as part of a residentail complex managed by Keppie Massey the managing agents.
Expert:  Thomas replied 5 years ago.





Thanks for your reply.


This means I must make a slight revision to my previous answer, sorry. The company will have to apply to Court for forfeiture and an order for possession, they cannot evict you without a court order in this case.


In practice forfeiture enforcement in residential leases is very rare and I would not expect them to make or to actually be granted an order for possession for that level of arrears, so I doubt you will be faced with repossession proceedings. They may apply for a charging order against the registered title to the property which means that when it is sold you will have to repayment the amount of the charge + interest.


In any event, you will receive notice of any such application and will be at liberty to defend.


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I will answer your follow up questions you may have.

Kind regards,


Thomas and other UK Law Specialists are ready to help you
Customer: replied 5 years ago.
Hi Tom, just to clarify one point, the matter concerning the service charge arrears the company have taken the case to court before a judge. I made an application to the court for a repayment plan, the company rejected my offer of repayments to the court.
Is the next step a court hearing ? perhaps a possible agreement before a judge to repay the arrears in installments?
Can the company still act outside of the courts ruling and continue to add on legal charges to the debt?. Dave.
Customer: replied 5 years ago.
Can you please reply to my last question. thanks
Expert:  Thomas replied 5 years ago.


Sorry for the delay in reply, I had a unexpectadly busy day yesterday.

I can't comment on whether the company can or can't add charges to the debt because I haven't see the ruling, but provided the charges are chargeable under the lease and they are reasonable then I would expect them to be able to.

You could attempt to have another hearing in front of the judge regarding getting them to accept the repayment of arrers

Kind regards,


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