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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9324
Experience:  I have been practising for 30 years.
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Sorry ,I did not get response for my second question. I

Customer Question

Sorry ,I did not get response for my second question.
I asked: Can I loose( forfeit ) my lease because I did not paid service charge in FULL ( because of landlord's breaches and his bad service and lack of clearity where gone our money??
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

this is the thread which you need to rate please

http://professional.justanswer.com/chat/index/017bbb0e3a3b4d249c0937f88dc0ec45

The landlord can apply to court for forfeiture of lease for breach of tenant’s covenant to pay the service charge. You cannot withhold all or part of the service charge because the landlord has done something the landlord should not have done or has not done something that he should have done. You need to take separate action against the landlord in that respect.

The court would grant forfeiture of the lease would depend on the nature and severity of the breach. For example, if you owed a couple of thousand pounds of service charge be a disproportionate remedy for the court to foreclose on the lease and you to lose the property for what is a relatively small in comparison breach compared to the value of the property.