Forfeiture clause meaning

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    Forfeiture clause meaning

    The lessee shall pay all expenses and costs incurred by the lessor incidental to the preparation and service of a notice under section 146 notwithstanding forfeiture is avoided otherwise than releif by the court.

    Does this mean that if forfeiture releif were to be granted by a court then no costs would be due? rather confusing since forfeiture is nearly always granted

    #2
    Costs would be payable if the 146 notice is served.

    Comment


      #3
      The wording of the clause in the lease states as flying freeholder states costs would be payable on the issuance of the Section 146 Notice and continue to be payable NOTWITHSTANDING that relief from forfeiture is granted by the court at a subsequent hearing.

      The court could order that if the landlords case was frivolous or vexatious that the costs are not recoverable under the lease. If the court does not make an order the lessee can, as in the case of all administration charges, have them considered by the FTT.

      Comment

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      • Reply to Small claim online
        by Anna1985
        eagle2 - what games do I play?
        Do I hide my address or other FF's one - nope.
        Do we ask monies for something that is not in the lease - nope.
        we just want our house to be safe and well maintained.
        Why do you think we are playing games?
        ​​​​​​
        ​​​​​​why...
        27-02-2021, 18:10 PM
      • Small claim online
        by Anna1985
        I have finally submitted the claim online and it is now nearing 14 days since the claim paperwork was delivered and the leaseholder doesn't pick up the post.

        Please note the leaseholder doesn't live in the address and didn't provide FHs or our solicitor with his current address.
        ...
        27-02-2021, 11:39 AM
      • Reply to Small claim online
        by Anna1985
        Section20z , thank you, I will check if that is sufficient.
        ​​​​​​
        27-02-2021, 18:05 PM
      • Reply to Small claim online
        by Section20z
        My understanding is that a court judgement is acceptable prerequisite for s146 and I have used this many times. It's not your job to trace someone who is avoiding their obligations, he can contact you if he wants to build a relationship....
        27-02-2021, 17:52 PM
      • Reply to Small claim online
        by eagle2
        What is the point of playing games, if you know his address, just send correspondence to him. You should be trying to bridge the differences, instead you are fuelling the fire which will only cause further problems in future.
        27-02-2021, 15:02 PM
      • Reply to Small claim online
        by Anna1985
        Section20z , I'm under impression that I need a breach to be confirmed by court ie application for section 168.

        Once I have it then, section 146 notice
        27-02-2021, 14:55 PM
      • Reply to Small claim online
        by Anna1985
        eagle2 , there is no relationship to damage - the LL doesn't want to do any maintenance as he doesn't live in the property.
        both FFS live in the property. We want property to be maintained well.

        So there is a problem and it would be only be resolved when LLS will get an understanding...
        27-02-2021, 14:46 PM
      • Reply to Small claim online
        by eagle2
        You can use a tracing agent if you wish to make contact with the leaseholder. Issuing forfeiture proceedings will only damage the relationship.
        27-02-2021, 13:53 PM
      • Reply to Small claim online
        by Section20z
        Easy enough, just log in online and apply for default judgement once response time has elapsed. After another few days they will issue judgement, you just send it on to Northern Rock.
        Personally I would issue s146 alongside (plenty of sample forms online) and charge another £150 to cover the...
        27-02-2021, 13:36 PM
      • Reply to Small claim online
        by Neelix
        can't you track him down on social media?
        27-02-2021, 13:16 PM
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