How hard can forfeiture be?

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    #31
    Originally posted by Anna1985 View Post
    pater , congratulations on your success and perseverance.

    I read your story with interest as our leaseholder has no intention to pay and yes, we would need to go through the path of forfeiture. As it would be cheaper than to get the leaseholder pay
    Thanks Anna, I wish you luck, I have been genuinely surprised at how far a leaseholder can rack up debt with apparent impunity. The legal process is long winded, especially if solicitors are involved. Although the overwhelming majority of info is biased towards the leaseholder (not the big bad freeholder), I found much of that useful as it spells out what steps a freeholder must take to recover the debt/reclaim the lease. Unfortunately in our case, the leaseholder made it clear from the start that she would not comply unless a court order was obtained; I think that she was banking on the fact that we wouldn’t pursue the debt. Eventually she realised that her strategy was flawed and began to see reason, I think that she was also getting free legal advice, and of course the judge warned her of forfeiture.
    I was hoping for forfeiture to be granted had we finished up in front of the same judge, but I guess he could have instead pointed us towards an order for sale; I couldn’t honestly say which way it would have gone.

    Hope that you succeed!

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      #32
      pater, thank you. I fully appreciate the process as a leaseholder and freeholder.
      ​​​​​

      And yes, impunity is the right word. Imho, current process is not to benefit of LH/FH but to the benefit of the system.

      We would be happy with any outcome but as it seems the LL doesn't understand his responsibilities under the lease, we would be along with several claims pursuing the forfeiture in order to have the property maintained.

      ​​​​​

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