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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7478
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.

Hi,

 

Sorry, is this a residential lease or commercial lease?


Tom

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.

 

 

Hi,

 

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,


Tom

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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.

Dave.

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,


Tom