Small claim online

  • Filter
  • Time
  • Show
Clear All
new posts

    you can still get a money judgement but can’t issue a Section 146 Notice unless it is over £350 or three years old

    the lessee who rents it out presumably once a year when compiling his tax return must wonder what ground rent and service charge expense he may claim - so any idea on the lessee’s part that there is nothing to pay would be profoundly naive on the lessees behalf - he must know monies are due and is burying his head in the sand

    your actions will probably bring to the attention of the mortgagees that the property is let and if the mortgage product is not designed for sub letting may have the consequence of the interest rate being adjusted upwards


      You are playing games, if you have an address at which the leaseholder is expected to receive documents, you should send correspondence to that address.
      I have seen too many of these stances over the years and “I am right, I am not going to budge and I am going to teach him a lesson” does not work. It often leads to all out war and neither party will “win”, all you will do is waste time, energy and money.
      I am not condoning the leaseholder’s behaviour but you should try to sit down and talk to each other and if you are incapable of doing that, you should ask an independent person to conduct a meeting.


        eagle2 , yes, I know it'll cost us monies and time and effort.

        The LL is aware of the repairs, but once the request for payment was made he seemingly vanished.

        We do know where he lives - all his paperwork from mortgage company etc comes to the property. It is his address according to LR.

        So, the address where he expects to pick up paperwork is the one the claim was raised.

        If he chooses not to pick up his post, answer the phone, return text message, not to provide his correspondence address - it is his choice.

        I don't think it is my responsibility ir my fellow FFS to bring it to an adult's attention that the actions has consequences.

        The options to talk are exhausted - nothing was done, nothing has ever changed - only when there was a legal action or council enforcement - that is when the action was taken.

        the problem is LL and it won't change unless there is a threat that he would lose his investment.


          @sglacy - thank you.

          There seems to be a caveat about default judgement - it seems that there should be a hearing not a default judgement.

          Do you have an experience what is going to faster ro get the hearing in the small claims court or the tribunal as there is a number of the issues where the lease is breached.


            I am very surprised you are under £350, my admin & court fees would have reached that figure alone ! But I would still send the judgement to Northern Rock and just say you are now in contemplation of forfeiture proceedings and as @sglacy says , make sure they are aware that you think the flat may be sublet.


              Section20z, we cannot get the management company as the lease doesn't provide for one so the costs involved are at the moment 1/3 of invoice and small claims fee.

              I would be more than happy to claim for hours spent chasing builders, checking the works are done as advised, time writing letters to LLs and finally the application to small claims court.

              As well as dealing with LLs tenants.

              Re Nothern Rock, we sent a letter saying the property is sublet and they seemingly sent a letter to the leaseholder but nothing came back to us so far.
              Just in my opinion - when we were renting never ever the was any post to the landlord. Quite odd..

              So, once I have a default judgement - we will send another letter this time saying that we feel the only option left for us to pursue is section 146s but it would take another couple of months if not longer


                You will not succeed with forfeiture, in the meantime you will be prevented from raising invoices, if it takes 18 months or more, you will be unable to recover some of the monies at all. The infighting is pointless but you will make the legal teams very happy.


                  eagle2 , I appreciate that I would not succeed with forfeiture ultimately, if the LL starts paying for maintenance I'll be happy too and if he is made to sell the property - would be amazing.

                  we are not prevented from anything - the leaseholder does not intend to pay unless he is forced too.

                  Don't make an assumption about the legal teams - we are doing it DIY, while obviously we benefit from legal representation, we are not getting lawyers involved unless it is absolutely necessary.

                  You seem to think that you live in the imaginary world where people act as they should. No they are not and the system is far from perfect.
                  However, that the course we discussed and agreed to follow.
                  It took a long time to get here and costs are very high, but still lower than the losses we would incur if the property remains as it is.


                    I can assure you that I live in the real World and I have seen how these disputes can escalate. The sooner you bring an end to it the better for all leaseholders.


                      If the land registry records give the address for the lessee as the property, then that is where it must be sent

                      When you purchase a property on the form AP1 you have to state the address for service. If that is the address he decides to put then you have discharged your responsibilty by serving it at that address. Its not for you to go round peering into facebook or whatever to try and find him.

                      The lessee is fortunate that the block is being managed with no mangement charges, where the other lessees are acting to try and contain costs and whilst he is not obligated to reciprocate it undermines the work of those who are doing it for no charge to refuse to pay. Made even worse by the fact the sums involved are modest .

                      He may well think the structure is weak and he can take advantage of it and as you would do with a small child you need to set boundaries otherwise it will only get worse


                        The Land Registry information is often incorrect, if you know the address of the leaseholder, you should use it. We do not know the leaseholder's views and we cannot assume that he does not intend to pay anything or that he is acting as a child or that he needs to be taught a lesson. Trying to force him to sell his property is not a valid reason for legal action.


                          eagle2 , I appreciate your view.

                          ​​​​​​There is a lease which governs duties and responsibilities of LlS and Ffs and so far there is a number of breaches which has been done over the period of years and continuing.

                          Whatever the LlS view - he has to insure the property, pay for maintenance when required and keep the property in good repair - all of these clauses are in breach.

                          About the address, I would happily do it, however this address was not communicated to us officially so all the paperwork goes to last known address known to us and our solicitor.

                          I'm really pleased to hear that you are happy to pay for other people, we are not.


                            You are not considering any point of view other than your own and you are not reading the comments, no-one stated that they are happy to pay for other people.

                            I would simply like to understand the leaseholder's position and you should do the same. You may be right, but on the other hand he may have valid grounds for withholding payments and you should not make assumptions. You have a duty to avoid legal action if possible and there is no excuse for failing to make contact when you know the leaseholder's address.

                            You are clearly inexperienced and I am trying to assist you in order to avoid what could be expensive mistakes, I did not have the benefit of a forum such as this when I started out and I have learnt the hard way by making many mistakes along the way. I wish you luck.


                              eagle2 , could you please provide your slum landlord(leaseholder) management technique?


                                When I was a director of a RMC, we had zero service charge arrears for the only time in our history. It was achieved by persuasion and agreement.


                                Latest Activity


                                • Reply to Desperately need help. License to alter
                                  by flyingfreehold
                                  The actual consent to the works would be granted under the licence, everything else is likely to be subject to licence. Until you have the licence in your sweaty palm, you don't have strictly speaking have licence. Sometimes the landlord or his agent or surveyor will say Ok you have the nod, the licence...
                                  18-04-2021, 15:23 PM
                                • Desperately need help. License to alter
                                  by Freeholder67
                                  I am leaseholder and co- freehold of a ground floor victorian conversion flat.

                                  Planning permission approved in June 2020 Wandsworth planning 2020/2049
                                  I have structural engineer drawings, architect drawings.
                                  Party walls agreed with both neighbours either side without issue.
                                  29-03-2021, 21:41 PM
                                • New flat purchasing advice needed please. RMC run by managing agent as director
                                  by dimension7
                                  I'm a First-time buyer.

                                  I'm about to purchase a flat as my main home and upon studying the lease and the various forums I have come to understand,
                                  • The lease is a tri-party lease between myself, the freeholder and the managing company
                                  • The managing company is setup as an
                                  05-04-2021, 11:36 AM
                                • Reply to New flat purchasing advice needed please. RMC run by managing agent as director
                                  by dimension7
                                  Hi All,
                                  I have now requested and reviewed the account from 2017, 18, 19 for the RMC. Accounts for 2020 were not provided. The accounts have been signed off by the Managing Agent on behalf of the directors of the RMC. I also note that the account have been audited by a company related (husband/wife)...
                                  18-04-2021, 14:08 PM
                                • Remainder or Reversion Leases
                                  by first timer 123
                                  Can someone please explain something as I sincerely do not know what I'm missing or not understanding.

                                  On our property there is a building that the neighbouring property occupies. It has been this way since at least the early 1900's

                                  As part of our pre-registration deeds for...
                                  18-04-2021, 13:42 PM
                                • Reply to Viewing Lease before buying
                                  by ram

                                  And reduce the payment for the flat by £ 7. as you are BUYING the lease that enables persons the legal right to live there ( no lease - then you cant live there ) and sellers / agents REFUSED to supply a copy of the lease that you were buying so you could see if the stipulations / rules/
                                  18-04-2021, 10:52 AM
                                • Viewing Lease before buying
                                  by jp13abk
                                  Good afternoon,

                                  Firstly, thank you for all the information that has been shared on this website. It has been of great help.

                                  I'm looking at several flats for my first property purchase and I have asked the estate agencies to please send me the lease.

                                  I'd like to...
                                  12-04-2021, 13:23 PM
                                • Reply to Desperately need help. License to alter
                                  by Freeholder67
                                  Thankyou flyingfreehold.
                                  The licence to alter report is now with solicitors who is drafting the licence. Conditions stated in the report have been met ( temp works design and drawings, hours of work etc. Do I wait until it is physically signed by both freeholders before any work started as I have...
                                  18-04-2021, 03:40 AM
                                • Reply to Rmc wanting owner details
                                  by Sarah B
                                  If the RMC has owner details they should register with the ICO for GDPR reasons. It is not expensive, £35 pa.
                                  18-04-2021, 02:29 AM
                                • Rmc wanting owner details
                                  by thenunn
                                  Hi , another question ...we have a managing agent , is it ok for our directors to have details of owners emails phone numbers addresses ? Would the directors be able to use these as individuals or only as a board ? Would it best for rmc to set up a company email to contact owners rather than use their...
                                  13-04-2021, 22:41 PM