How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I have a service charge query. I am a long leaseholder of a

Customer Question

I have a service charge query. I am a long leaseholder of a flat in a large block. I do not occupy the flat and never have since purchase. There is a residential sub tenant in occupation. Under my lease the landlord is entitled to carryout repairs to the block and communal grounds. The Landlord entered into a major works contract 2 years ago and carried out substantial works costing each long leaseholder over £4000 each.Do I have any grounds to refuse to pay on the basis of failure on the Landlord to properly serve me with the Notices?Is the Landlord only required to serve the Notice at the Flat address?What are the rules of service for matters of this nature, are they governed by the Lease and addresses filed at the Land Registry or is service subject to general Court rules/procedure?Is the Landlord required to properly serve all Leaseholders at say both addresses and if they fail to do so is this a sufficient ground to exonerate me from payment?If I have a defence and proceed to a Tribunal for determination and fail, will the Landlords be entitled to their legal costs ( I believe the lease allows them to recover litigation fees as an expense of service charges) and accordingly how do they enforce it? Will they need to take proceedings for registration and enforcement at the County Court?I look forward to hearing from you.SK
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
In order to provide some further background to my earlier question please note;My main concern is over service of a s20 Major Works Notice. At no time was I served with papers at the correct address. To explain, the landlord received official Notices from my solicitor when I purchased the flat 8 years ago stating the address for service was indeed the flat address. The Land registry title deed also shows this as the service address. However I notified the landlords and their managing agents almost immediately after purchasing of my correct address for service of all correspondence. Ever since then I have received all correspondence at the correct address and the landlords accept this. However curiously the landlords served the s20 Major Works Notice at the flat address 2 years ago when clearly through previous course of dealing they were aware of my correct address. The Lease is silent over service other than requiring a Notice of Transfer.Had I been aware of the works I could have objected/ made representations and perhaps budgeted for some of the costs. I lost this opportunity because of wrongful service. I have tried to reason with the landlords but they say the Notices were served at the correct address.
Expert:  Nicola-mod replied 9 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 9 months ago.
Yes ok please advise if you can provide an answer by 5 pm Saturday 27 February 2016 if not please cancel the question and repay the fee to me.SK
Expert:  Nicola-mod replied 9 months ago.
Hello,
We will continue to look for a Professional to assist you. If you have not received an answer by your deadline I will make the refund.
Thank you for your patience,
Nicola
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhat is the address on record at the Land Registry?
Customer: replied 9 months ago.
HiThe address at the Land Registry is the flat address.
Expert:  Clare replied 9 months ago.
Then I am afraid that that is where all Notices have to be served - so provided they sent the Notices to the address given on the Land Register then that was all they needed to do.If you defend and lose then yes the Landlords can recover their costs from you and it will be enforceable in all the usual ways - including forfeiting the property if necessaryPlease ask if you need further detailsClare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions