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Lease provision for admin costs of recovering service charge arrears?

ripofflondon
ripofflondon Posts: 151 Forumite
Part of the Furniture 100 Posts Name Dropper Combo Breaker
in House buying, renting & selling
Hi all

Hopefully a quick question - by your reading of it, does this lease contain provision allowing the freeholder to recover admin etc costs associated with service charge arrears?  
Any thoughts gratefully received.  
Thanks

Comments

  • MattMattMattUK
    MattMattMattUK Posts: 12,300 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    ripofflondon said:
    Hi all

    Hopefully a quick question - by your reading of it, does this lease contain provision allowing the freeholder to recover admin etc costs associated with service charge arrears?  
    Any thoughts gratefully received.  
    Thanks

    How about you read the twelve pages of lease you have uploaded rather than expecting someone on the internet to do it for you?

    Also, the lease does not need to explicitly state that they can recover the costs if you fail to pay according to your lease, they can claim for those depending on the route and method they take for recovery.
  • silvercar
    silvercar Posts: 50,454 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I'd ask AI that sort of question. At least they have a chance of reading it without having to resort to a magnifying glass.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • RedFraggle
    RedFraggle Posts: 1,504 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    3.2 and schedule 4. Was there not a retainer at Purchase for if the previous tenants payment fell short? 
    Officially in a clique of idiots
  • saajan_12
    saajan_12 Posts: 5,649 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    How about you help us help you by 
    (i) converting the images to text and formatting so its searchable and easier to read. 
    (ii) point out a shortlist of clauses which have anything to do with admin costs or rent arrears. 

    Would be happy to help with either or both of those, but not if you do neither. 
  • eddddy
    eddddy Posts: 18,412 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 January at 4:52AM

    The OP is asking about Administration Charges arising from non-payment of a disputed Service Charge.

    If I recall correctly from the OP's other thread, the unpaid disputed Service Charge was £500, and the resulting Admin charges are £3.5k. The management company is taking the OP to court - so the Admin Charges could escalate further.


    FWIW, I don't think those kind of Admin Charges need to be specified in the lease. They are specified in legislation - The Commonhold and Leasehold Reform Act 2002.

    See: https://www.legislation.gov.uk/ukpga/2002/15/schedule/11

    (Unless anyone else knows different.)


    If my understanding is correct, it supports the management company's case, rather than supporting the OP's case. But given that there is £4k (or more) at stake, I would suggest that the OP gets proper legal advice.


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