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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25451
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We currently brought a new flat (which was a re-possession)

Resolved Question:

We currently brought a new flat (which was a re-possession) and are in a legal dispute with the landlord over the ground rent. We have a solicitor working on the case but I just need some extra advise.
In short the landlord is charging us extra money which has already been paid as part of the completion on the property. When I received the land lords bill I give it to our solicitors who in turn passed on the bill to the previous sellers solicitors. It turns out that we had paid for those items upon completion. In the meantime the landlord has given our details to a recovery service and accused us of not paying.
If this goes to court can this have a long term effect on our current mortgage (even if we win). Can our mortgage provider threaten to pull out and re-posses the property even if it was not our fault?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. are you able to very briefly tell me which items the landlord is double charging for please? from what you say, to conclude correctly that you have conclusive evidence that these items have already been paid? Finally, have you made payment to the landlord of everything demanded apart from the double charged items?
Customer: replied 2 years ago.

He seems to be double charging on:

1. Last years ground rent.

2. Notice of Assignment.

3. Notice of charge.

4. A previous service charge recovery.

I have paid him this years ground rent which was £150.00. That was the only item not double charged.

Kind regards,

Graham

Expert:  Joshua replied 2 years ago.
Many thanks. Could you lastly just confirm the position re my other question which was: from what you say, do I conclude correctly that you have conclusive evidence that these items have already been paid?
Customer: replied 2 years ago.

My solicitor has heard from the previous sellers solicitors that we have paid for these items but we are still waiting for the evidence.

Expert:  Joshua replied 2 years ago.
Thank you. obviously it goes without saying that it is important to obtain evidence that the items have been paid for by the seller as such evidence will be central to your defence to the landlord's claim. I presume that your solicitor has obtained a representation from the sellers solicitor that the amount in question have been paid-to do so would be standard practice-and assuming this is the case, it is a relatively straightforward provide evidence of payment by reference to bank statements or receipts. I assume your solicitor will if necessary remind the sellers solicitor that if they are not able to produce evidence of payment, given the representation that payment was made, that you reserve your position in respect of any additional costs incurred as a result of the misrepresentation-namely the monies that will be payable to the landlord which have not in fact been paid and any additional court and legal costs you reasonably incur. Notwithstanding the above,In the assumption you are able to obtain the above evidence, then the landlord would appear to have no claim and that would be a basis to request the court to strike out the claim at an early stage but even if the landlord were to obtain judgement against you, because you are not able to produce evidence of earlier payment, providing you pay the amount of any judgement entered against you within 30 days, no CCJ is entered on your credit record and the judgement does not impact your credit profile in any way. The mortgage lender will not be involved in any way and cannot repossess due to the claim. The only situation in which there will be an impact on your credit record is if you fail to pay any judgement within 30 days and do not appeal the judgement. In this scenario, if you have not appealed and the judgement remains unpaid after 30 days, a CCJ will be entered on your credit file which can be extremely damaging to obtaining credit for the next six years. The mortgage lender will still not attempt to repossess the property but it may be called upon to pay the judgement on your behalf because failure to pay the judgement could lead to the landlord seeking forfeiture of the lease, which again he would not succeed in providing the amount is paid. However, in the assumption you are able to obtain the above evidence of previous payment, I cannot see that the claim will lead anywhere and the above would therefore be academic. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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