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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Is it legal for a Managing Agent apply Service Charge fees

Resolved Question:

Is it legal for a Managing Agent apply Service Charge fees paid in September 2013 to arrears of Ground rent in dispute without notifying lessees, bearing in mind lessees have just paid current half year's Service Charge and the invoice showed no brought forward balance in respect of Ground rent arrears.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Joshua does not seem to be online, may I help instead?
Customer: replied 3 years ago.

yes please

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

If the ground rent is in dispute, the managing agent should not apply any payments towards the service charge in settlement of the ground rent amount.

If a service charge invoice was raised and you paid on that invoice, then you should make it clear that whatever amount you paid was for the service charge account and should be applied accordingly.

If they refuse to do so, you may file a court claim against them for the refund of the money or a court order forcing them to apply the money to the service charge account.

Hope this helps
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