Section 146

hirta

Does any one know how much does a solicitor charge for section 146 please

user1977

For doing what in relation to section 146?

hirta

The company that was running our management we taken over and they had got a solicitor to send one and as the new directer I put a stop to it and I think we might have to pay for it now?

eddddy

I assume you mean that you're a freeholder/landlord and you want to serve a Section 146 notice on a leaseholder/tenant under the Law of Property Act 1925.

If so, assuming the leaseholder really has breached a covenant in the lease (and you've acted reasonably), you would re-charge the solicitor's charge to the leaseholder anyway.

But to be extra sure, you could get 3 quotes from 3 solicitors - to make sure you are only paying a 'reasonable' fee. (The 3 quotes would be useful evidence, if the leaseholder challenges the fee.)



And it also depends on what you ask the solicitor to do... For example:

• Option1. Read the lease, give you an opinion on whether the leaseholder has breached the lease. Then serve a section 146 notice.

• Option 2. Serve a section 146 notice according to your instructions

Option 1 will cost a lot more than Option 2

eddddy

hirta said:

The company that was running our management we taken over and they had got a solicitor to send one and as the new directer I put a stop to it and I think we might have to pay for it now?

I posted before seeing this new comment...

So was the section 146 notice served? Why did you put a stop to it?

If you've (correctly) served the notice, you can still require the leaseholder to pay the fee - if you want.

If you don't do that, who will pay the fee (whatever it ends up being)?

hirta

No I am a volunteers director this was done by the management company for service charges not payed when I taken over running I don't want this to go ahead and told them not to go any further with this so am thinking I might have to pay for what the solicitor had done so far?

hirta

Yes it has been served but don't think the leasholder has it yet not sure but as we have become the new right to manage we want to start fresh for everone as we can set the new service charge which will be a lot cheaper than the company was charging us so just wanted to put a stop to it now need to know what I might have to pay?solicitor 

eddddy

hirta said:

Yes it has been served but don't think the leasholder has it yet not sure but as we have become the new right to manage we want to start fresh for everone as we can set the new service charge which will be a lot cheaper than the company was charging us so just wanted to put a stop to it now need to know what I might have to pay?solicitor 

It's impossible to guess what the solicitor was instructed to do and how much of the work they've done.

But I'm sure the solicitor will tell you the fee if you ask them.


But just to be clear...

• You can pay the solicitor out of your own personal money, but you can't pay them using service charge money

• You still need to collect the unpaid service charge from the leaseholder. You cannot ignore it or 'write it off'.  If you did that, the other leaseholders could take you to tribunal.

hirta

Ok thanks for that don't think the others would mind as they are all behind as they the company where charging to much that's why we all agreed to run it ourselfs except this one leasholder who we can't get hold off and company used a solicitor for him looks like I will have to pay this just wonder how much they charge looks like I will have to ring them thsnks for your help

eddddy

hirta said:

Ok thanks for that don't think the others would mind as they are all behind as they the company where charging to much that's why we all agreed to run it ourselfs except this one leasholder who we can't get hold off and company used a solicitor for him looks like I will have to pay this just wonder how much they charge looks like I will have to ring them thsnks for your help

Well, if you're sure about that.

If I was one of the leaseholders who had paid the service charge - I wouldn't be happy about paying somebody else's service charge arrears.

To be safe, maybe get each leaseholder to sign a document saying they are happy to pay other leaseholders' service charge areas.




(Or are you one of the leaseholders with unpaid service charges? If so, you need to be super-careful with explaining what you are doing - otherwise you might get accused of fraud, which would be a criminal offence.) 

hirta

Nooo am all payed up there is only 11 of us just got fedd up off the company runing it was ripping us off but cheers for all your advice