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News and Opinion from Edward Harte LLP

No recovery – No fee service for ground rent and service charge arrears.

RESIDENTIAL LEASES

One of the issues frequently encountered by landlords is how to deal with unpaid service charges and ground rent. To tackle this we are now offering a no recovery no fee service to landlords to assist them in securing payment of ground rent and service charge arrears from lessees.  Our service is also provided at no cost to the landlord except for disbursements such as court fees and office copy entries.  Set out below is a summary of the service we are offering:

SUMMARY OF SERVICES

  1. Carrying out a detailed review of the lease; the findings of which are set out in a landlord’s lease guide.
  2. Preparing & serving a letter of claim.
  3. Corresponding with the mortgagee to attempt to recover payment.
  4. Preparing the claim form & particulars of claim for filing with the court.
  5. Applying for judgment in default.
  6. Serving a forfeiture notice.
  7. Preparing & filing the court documents for forfeiture proceedings.

There are certain criteria which apply to enable us to offer our services at no cost to the Landlord and on a no recovery no fee basis:

CRITERIA

  1. The leasehold title must be registered.
  2. The property has to be mortgaged.
  3. The lease needs to contain a forfeiture clause.
  4. There must be a clause in the lease which provides for the recovery of legal fees.
  5. The service charge and/or ground rent arrears are undisputed.

We can also assist you with properties which are not mortgaged on a reduced fee basis. In addition if the landlord is either already in dispute with the lessee over the arrears or the matter becomes defended we can provide a bespoke quote for our services.

For information please contact Samantha Dawkins on 01273 662756 or email sdawkins@edward-harte.co.uk.