Court Possession Order on a Leasehold Retirement Flat

larachantie

I hope this is the right place to post this.  I've also spent some time trying to avoid a question already covered.

I've just found out that an elderly and unwell relative has been ignoring an hiding correspondence relating to arrears of ground rent and possibly service charges dating back to 2018 (they changed management agents about then so there are no current arrears).   A Court issued a Judgment for Claimant in 2019 for about £3,200 including costs. In April this year they obtained an Order for Possession which would start on 15 May if the arrears and costs - now amounting to £8,000 - were not paid.  The solicitors acting for the freeholder (ground rent) and management agents (service charges) then wrote to explain that the lease is now technically forfeit and that the next step is to apply to the Court for a "Warrant for Possession", to set an eviction date.

My relative finally revealed the position and asked for help only last week.  I wrote immediately to the solicitors with a letter of authority from my relative to communicate with me so as to resolve.  I'm still waiting to hear from them despite three chases.  Paying the money is not the issue but I am concerned that they may apply for the Warrant of Possession without us having a chance to pay the debt or that the court may grant it without us knowing (which I've read can happen).  It's also worrying that leasehold forfeiture seems to mean they take the total value of the lease not just the arrears.

Obviously I will need expert advice but just wondering if anyone can give any reassurance for my immediate relief.  That is, will we get a chance at this stage for pay the debt before they evict?

theartfullodger

Dunno but this might help 
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction

& Shelter have a helpline
https://england.shelter.org.uk/get_help/helpline

As I understand it even if a warrant of possession is applied for (or granted) then at least court papers should arrive with her giving date/time:

Normally there would be at least 14 days notice given: but Courts can give less..  And I've known of a case where court bailiffs were literally walking up front path & the matter got paused.

In your shoes I'd place a notice on the outside of the front door with background, your details (mobile, email etc) and keep 'phone on 24/7. Just in case someone turns up unexpected.

Suggest find a solicitor who specialises in leasehold and possession.. (ie not just any high-street firm that does conveyancing & divorces...)

Good luck. 

propertyrental

You've written, which was obviously sensible.

But I would also phone. Have a conversation with someone at the solicitors. It may be as simple as getting their bank details, transferring the money and stopping everything in its tracks. But speaking to someone (and taking careful note of their name and what they say!) is best way to get enlightenment.

eddddy

I'm not sure that the possession order is the main problem to focus on - I think the possession order is a symptom of the main problem.

I think that the immediate problem is the 'forfeiture of the lease' - so you need to apply to a court for 'Relief from Forfeiture'.

In simple terms...

• The lease has been forfeited - so the lease no longer exists - so your relative no longer has the right to occupy their flat

• Your relative needs to apply to a court to obtain 'Relief from forfeiture' - so that the lease is reinstated - and your relative once again has the right to occupy the flat (Then the possession order will become irrelevant/invalid.)

I suggest you google something like Relief from forfeiture for a residential lease. 

And you need to urgently find a solicitor with experience in Relief from forfeiture for a residential lease - to make an application to court.


Anecdotally,  courts seem to bend over backwards to prevent people losing their homes through forfeiture of leases, so you might find them keen to do whatever they can to grant relief from forfeiture.