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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I'm the freeholder of a pair of flats (a maisonette) and one

Resolved Question:

I'm the freeholder of a pair of flats (a maisonette) and one of the leaseholders won't pay his annual service charge and insurance for the last 2 years. I got a CCJ against him for the 2014/5 arrears and am awaiting a court date for re' the 2015/6 arrears which I expect to be awarded to me also.
My question is ... can I apply direct to his mortgage provider to pay if, as expected, he ignores my invoice again? I know I can use the court bailiff service to try to collect but past experience of extremely poor service using them has left me disillusioned.
Also, could I use a solicitor to take over the reigns of this claim after the CCJ is awarded and have them add their fee to the claim? This guys antics are leaving me worn out.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi

You could go for forfeiture. You probably have the right set outing the lease. Forfeiture means termination if a specified event occurs.

Notices normally are served and you would serve on the mortgagee too. Relief is available but the mortgagee might step in. Mortgagee will not want to see its security jeopardised over a few hundred/thousand pounds.

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