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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I lease shop premises and the building has just changed ownership

Customer Question

I lease shop premises and the building has just changed ownership with a sale of the freehold. Can the new landlord lay claim to some disputed service charges which the previous landlord may have been entitled to claim. They date back over some years and relate to elecricity used. David XXXXXXX

Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is your landlord still the same or has that changed too please?
Alex Watts : Does your lease say it can be assigned?
Expert:  Ash replied 2 years ago.
I am told you can not see the chat format so I have changed which should assist.

It is a valid question in terms of assignment because if the lease can not be assigned then the new Landlord can not chase any disputed payments.

However because the lease can be assigned then the new Landlord can take steps to recover the fees. However if the demands for fees were not served within 12 months then that period can not be chased.

If demands have been served and not paid, then the Landlord can only go back 6 years under the Limitation Act 1980. Anything beyond 6 years can not be recovered.

Under 6 years you have to go through the normal process of Land Valuation Tribunal or County Court.

Can I clarify anything for you about this today please?

Alex

Customer: replied 2 years ago.

You state that fees may not be claimed if not served within 12 months.


As i have never been served with fees from previous landlord does this exonerate me from claims from the new landlord.

Expert:  Ash replied 2 years ago.
Yes, but only for fees 12 months or OVER. So the Landlord can claim the last 12 months.

Does that clarify?

Alex

Customer: replied 2 years ago.

TO clarify,, fees under 12 months old are reclaimable but beyobnd that they are disregarded\/ ? Regards David

Expert:  Ash replied 2 years ago.
Yes.

Does that help?

Alex

Customer: replied 2 years ago.

Excellent Many thanks fo your assistance. I will certainly revert back to you in future Regards David

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/


Customer: replied 2 years ago.

Dear Alex You answered my question last week satisfactorily and I am
grateful to you. Woiuld it be possible to let me know what reference or Clause
number in the Limitation Act is relevant to substantiate your findings,.
Regards David XXXXXXX

Expert:  Ash replied 2 years ago.
Section 5.

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/


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