Service charge ground rent late payment - Admin charge and legal fees

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    Originally posted by leaseholder64 View Post
    6a is why you are in breach. The breach is having the debt at the 21 day point, not just having the debt.
    ...but will only apply if the service charges/ground rent were correctly demanded in line with current legal requirements.


      I recommend that you check carefully whether or not the demands were issued correctly. I would do nothing else unless the cheque is returned to you, which I very much doubt, The freeholder will not succeed with a claim for forfeiture. If the agent maintains that you owe monies, you will need to contact the agent and give warning that unless the charges are withdrawn, you will make an application to the FTT, which will decide whether or not the charges are reasonable. There is no breach of the lease unless the FTT states otherwise and the FTT would decide whether or not the charges are reasonable.


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        I want to pay my service charge and then take the freeholder to the FTT. Can someone give me some advice on what wording I should use in my email to the freeholder so as not to admit or to agree to the service charges?

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        23-10-2019, 16:08 PM
      • Reply to Not admitting or agreeing to service charge
        Copies of any letters, or emails, that you have which state that you disagree with charges can be used as evidence that payment wasn't an admission that the amounts demanded were payable/reasonable.

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        Dear Leaseholder 64

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      • Reply to Not admitting or agreeing to service charge
        Indeed but that may not apply to administration charges. I can't see any disadvantage to payment under protest anyway.

        I suppose also that if the tenant is not wishing to pay because he has not been served properly or with statements of rights etc, payment might be taken as indicating that...
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      • Reply to Not admitting or agreeing to service charge
        "... nor should my payment be construed in any way as constituting my agreement that the charges levied are correctly calculated according to the lease."

        You are not admitting or otherwise to anything

        You could mention that you plan to take the matter to FTT. Make...
        23-10-2019, 16:41 PM
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        Nothing should be necessary as the legislation says that paying does not constitute an admission that it was payable.
        23-10-2019, 16:39 PM
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